PARO YADAV, SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In Cr. Appeal (DB) No. 418 of 1989, the appellant is Suresh Yadav whereas in Cr. Appeal (DB) No. 359 of 1989, the appellants are Paro Yadav, Baso Yadav and Jawahar Yadav. Both these appeals have been heard together as they arise from the same Sessions Trial.

(2.) By judgment and order dated 27 July, 1989 passed in Sessions Trial No. 23/1987 /101/1980 the learned 3rd Additional Sessions Judge, Nawada, convicted appellant Suresh Yadav under Section 302 of the Indian Penal Code and sentenced him to undergo R.I. for life. The appellant Suresh Yadav has also been held guilty for the offence under Section 148 of the IPC and has been sentenced to undergo R.I. for two years. By the same judgment appellants Paro Yadav, Baso Yadav and Jawahar Yadav have been convicted for the offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo R.I. for life. The appellant Jawahar Yadav has further been held guilty of the charge under Section 148 of the Indian Penal Code and has been sentenced to undergo R.I. for two years. Similarly, appellant Baso Yadav has been held guilty of the charge under Section 323 IPC and has been sentenced to suffer R.I. for six months thereunder. However, all the sentences have been ordered to run concurrently.

(3.) The prosecution case in short is that on 29.5.1979 at about 6:30 p.m. when Faudi Yadav (deceased) on return from Nawada came on the road facing his house, Paro Yadav, Bhajju Yadav, Adhin Yadav, Baso Yadav, Suresh Yadav holding Garasa and Dev Yadav holding Bhala collectively came and assaulted him indiscriminately. In the meantime, Jawahar Yadav also arrived, being armed with Garasa and he inflicted a Garasa blow on his armpit. Being injured by indiscriminate assault, Faudi Yadav fell on the ground. On alarm being raised by the victim, Janak Yadav, Tulsi Yadav, Mahtab Devi, Sukhdeo Yadav and Teju Yadav arrived at the place of occurrence to rescue him from further assault. The motive behind the occurrence is assigned to be land dispute pending between Bharat Yadav and Latan Yadav and it was Latan Yadav who instigated the accused persons to commit the offence.