VIJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The criminal reference for confirmation of death sentence as referred under Section 366 of the Code of Criminal Procedure, 1973, has been heard analogous with Criminal Appeal No. 930 of 2010, preferred by sole Appellant, against the judgment dated 16th July, 2010 and order of sentence dated 19th of July, 2010, passed by Additional Sessions Judge, Fast Track Court No. I, Lakhisarai in Sessions Trial No. 561 of 2000, whereby the Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to death and fine of Rs. 50,000/-, for conviction under Section 27 of the Arms Act, he has been sentenced R.I. for five years and fine of Rs. 5,000/-.

(2.) The incident, with regard to which Halsi P.S. case No. 2 of 2000 was instituted under Section 302/34 of the Indian penal Code and 27 of the Arms Act, is based on the fardbeyan of Yogendra Singh, recorded at 4 P.M. on 1.1.2000 at Ramgarh Chowk by the Officer Incharge of Halsi Police Station, for an occurrence which took place at 2.30 P.M. on the sameday at Ramgarh Chowk. Informant Yogendra Singh ( P.W.2) was coming from Lakhisarai market on a bicycle and reached Ramgarh Chowk at about 2.30 P.M. He saw 10-15 persons assaulting some persons near three storied building of Vijay Yadav (Appellant). He parked his bicycle, went towards place of occurrence and saw Vijay Yadav armed with rifle, Kampany Yadav, Padarath Yadav, Brijnandan Yadav and two nephews of Vijay Yadav, armed with lathi, brutally assaulting his nephew Pintu Kumar, son-in-law, Sunil Kumar and one villager Dipak Kumar. There were other 15-20 persons, who were also enhancing help to the accused persons. The accused persons were uttering that since these three persons are members of criminal gang of Thepari Singh, as such they should be killed. The accused persons tied rope around the neck of Pintu and Sunil Kumar. Dipak Kumar fell on his knee and started begging for his life, in response to this Vijay Yadav fired on Dipak. Vijay Yadav also fired on Pintu and Sunil and all three died at the spot. On direction of Vijay Yadav one pistol was put in the Jacket's pocket of Sunil Kumar, some Wads and one live cartridge was also placed near the dead body of deceased, in order to create evidence against them.

(3.) The fardbeyan of Yogendra Singh was recorded by Dhananjay Kumar ( P.W.6) Officer In-charge of Halsi Police Station at about 4 P.M. on 1.1.2000 at Ranmgarh Chowk, which is the place of occurrence. The formal First Information Report of Halsi P.s. case No. 2 of 2000 was instituted on the same day at 6 P.M. against seven named accused and 15-20 unknown accused persons. Investigation of the case started immediately, by I.O. (P.W.6). He prepared inquest report of all three deceased persons (Exts-1,1/1 and 1/2) and these inquest reports were signed by Jai Kisun Singh and Baiju Singh (P.W.2). Dead bodies were brought to the police Station and on the next day i.e. 2.1.2000 these were sent for post mortem. Dead body was received by doctors. P.W. 8, P.W. 9 and P.W. 10, who conducted post mortem on the dead body of these deceased. Dr. Krishna Mohan Purbey ( P.W.9), conducted post-mortem on the dead body of Sunil Kumar, Dr. Rakesh Kumar Sinha (P.W.8), conducted post mortem on the dead body of deceased Deepak Kumar and Dr. Ramesh Chandra Jha, (P.W. 10) conducted post-mortem on the dead body of Pintu Kumar. The Investigating Officer ( P.W.6) interrogated witnesses and finally submitted charge-sheet on 20.5.2000 against all accused persons, namely, Brijnandan Yadav, Kamapany Yadav, Padarath Yadav, Vijay Yadav, Sudhir Yadav and Sujit Yadav. Charge-sheet was submitted against Vijay Yadav, Sujit Yadav, and Sudhir Yadav showing them absconder. Sujit Yadav and Sudhir Yadav appeared on 29.8.2000 and took plea of juvenility, as such their case was referred to Juvenile Justice Board. Appellant Vijay Yadav remained absconder for eight years and he was arrested on 9.2.2008. Cognizance for offence was taken by the Magistrate and case of all accused was committed to the Court of Sessions vide Sessions Case No. 327 of 2000. Since Vijay Yadav was absconding, the trial Court issued permanent warrant of arrest against him and also issued process for attachment. The trial Judge, separated his trial from Sessions Trial No. 327 of 2000 and passed an order that whatever evidence will come forward against accused facing trial, will also be relevant for absconding accused under Section 299 of the Code of Criminal Procedure.