ANANT LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have filed the present appeal against the judgment and order dated 15.2.1989 passed by the learned 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 22 of 1978 whereby he has convicted the Appellant No. 6 (Baijnath Yadav), under Sections 302, 323, 448 and 148 of the Indian Penal Code and has sentenced him to under R.I. for life, six months each and one year respectively. The Appellant No. 1, Anant Lal Yadav, Appellant No. 2, Janki Yadav, Appellant No. 3, Chhedi Yadav, Appellant No. 4, Ram Bharosh Yadav, Appellant No. 5, Bindeshwari Yadav, Appellant No. 7, Narain Yadav and Appellant No. 8, Fuleshwar Yadav have been convicted under Sections 302/149, 323 and 448 of the Indian Penal Code and have been sentenced to undergo R.I. for life and six months each respectively. The Appellant No. 3 (Chhedi Yadav) has further been convicted and sentenced to undergo R.I. for one year for the offence under Section 148 of the Indian Penal Code. The Appellant No. 1, 2, 4, 5, 7 & 8 have also been convicted and sentenced to undergo R.I. for one year for the offence under Section 147 of the Indian Penal Code. The trial court has ordered that all sentences would run concurrently.

(2.) The prosecution case in brief according to Chhutahru Yadav (P.W.-9) whose oral statement was recorded on 15.1.1977 at 7:00 a.m. and is the basis for instituting F.I.R. is that the Appellants, Bindeshwari Yadav and Baijnath Yadav were irrigating their wheat crops and in that process "GOITHA" of informant's brother, Dhuthar Yadav got wet, as a result of which, an altercation took place between them. However, they went to their respective houses. Sometimes, thereafter, all these Appellants together with 8-10 unknown persons variously armed with Pharsa, Bhala, Teer (Arrow) and Lathi came to the door of the informant and the Appellant Baijnath Yadav gave a Farsa blow on the forehead of deceased, Panchu Yadav who was milking buffalo as a result of which, he fell down. Thereafter, the Appellant, Anant Lal Yadav, Narain Yadav and Bindeshwari Yadav assaulted him by lathi. When the informant and Dhuthar Yadav came in rescue of Panchu Yadav then, Appellant, Janki Yadav, Chhedi Yadav, Ram Bharosh Yadav, Fuleshwar Yadav and others are alleged to have assaulted them indiscriminately by lathi. They made hue and cry and ran towards their house. The Appellants chased them. They entered inside the house and removed one Lota, one Thali and some clothes from his house. Thereafter, Panchu Yadav was carried to hospital in an unconscious stage.

(3.) On the basis of aforesaid allegations, initially, case was registered under Sections 148, 149, 326, 324, 307 & 380 of the Indian Penal Code. In course of treatment, Panchu Yadav died in hospital on 17.1.1977 and thus, on completion of investigation charge sheet was submitted on 21.6.1977 against the Appellants under Sections 147, 148, 149, 302, 323 and 448 of the Indian Penal Code. The learned S.D.J.M., Supaul took cognizance of the offence and committed the case to the court of sessions.