HARBANSH YADAV AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Initially this Cr. Appeal was filed on behalf of four persons. One Ram Ekbal Yadav @ Balal Yadav had died during pendency of the appeal. Now, the appeal remains on behalf of Harbansh Yadav and Shree Baran Yadav - both son of Narain Singh @ Rup Narain Singh and Laljit Yadav. Hence, the appeal stands abated against Appellant No. 4 namely, Ram Ekbal Yadav @ Bala Yadav.

(2.) The judgment of conviction and order of sentence has been passed by the 7th Additional Sessions Judge, Rohtas at Sasaram on 6th of May, 1988 in Sessions Trial No. 312/30 of 1984/84. These Appellants were convicted under Section 302 of the Indian Penal Code and sentenced to go rigorous imprisonment for life. The occurrence is of about 8 A.M. on 11.07.1984, led to registration of Sasaram (Mufassil) P.S. Case No. 335 of 1984 under Sections 147, 148, 149 and 302 of the Indian Penal Code on the fardbeyan of P.W.5 Bajrangi Yadav (Ext.2). The formal First Information Report (Ext.1) resulted into registration of the regular case.

(3.) Fardbeyan of Bajrangi Yadav was recorded by S.I. Jamindar Singh P.W.8 at Muri Sarai More at 12.30 hours on 11.07.1984, wherein P.W.5 stated that he was going along with Satyanarain Yadav P.W.4, Bharat Yadav (the deceased) and Kishori Yadav P.W.3 by cycles for selling milk at Sasaram. Bharat Yadav (the deceased) proceeded ahead, near Songawan Mandir. As soon as the informant reached near the orchard of Muri Sarai More at Darigaon Sasaram Road then at about 8 A.M. six persons having Garasa (Balua), Tangi and Barcha came up on the road from a dilapidated house situated near the road. Bharat Yadav (the deceased) was encircled, at the behest of Laljit Yadav who was armed with Garasa, Shree Baran Yadav armed with Garasa, gave a Garasa blow which caused injury upon the back portion of the neck of Bharat Yadav (the deceased), he fell down towards the eastern side of the road. Laljit Yadav, thereafter, assaulted by means of Garasa upon the front portion of the neck. Harbansh Yadav assaulted by Tangi Meghbaran Yadav by Barcha, Jagdish Yadav by Barcha and Ram Ekbal @ Bala Yadav by Tangi. The accused persons chased the informant and Ors. for assaulting them but they escaped. After committing the offence, the accused persons reiterated towards the hills in the eastern side. The informant found Bharat Yadav died and at that time blood was coming from his neck. The motive behind the occurrence was land dispute with Shree Baran Yadav. After recording the fardbeyan (Ext.2) the inquest report (Ext.4) was prepared. The dead body was sent for post-mortem examination and after receipt of the post-mortem examination report (Ext.3) and after taking statements of the witnesses, inspection of the place of occurrence and after making other paraphernalia, the charge sheet was submitted. The case was committed to the court of Sessions where charges were framed and explained to the accused persons, they pleaded innocence and the trial proceeded.