PRABHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Appellant, Prabhu Yadav, has preferred the appeal against judgment and order dated 28th June 1989 passed in Sessions Trial No. 1 of 1989/138 of 1987, whereby the Appellant was found guilty under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. The Appellant was further convicted under Section 307 of the Indian Penal Code and 3 of the Explosive Substance Act and was sentenced to undergo rigorous imprisonment for ten years under each count. The sentences were ordered to run concurrently.

(2.) PROSECUTION case has resulted on the basis of the fard -e -beyan (Ext.2) recorded on 13.09.1983 at 6.00 P.M. at village Madarpur, P.S. Barachatti in the district of Gaya, in which Dillu Yadav (P.W.8) has stated on the same day i.e. Tuesday, that he was four brothers. The eldest brother Loki Yadav was working in colliery in Culcutta. The informant was second. The third brother Prabhu Yadav is the Appellant and fourth brother is Rameshwar Yadav (P.W.6). All the three brothers partitioned amongst themselves and were having their separate abode. The youngest brother (P.W.6) was slightly deranged and he was living along with his parents. The informant was residing in one of the western room of the house whereas Prabhu Yadav was living in a room situated towards east behind the house of the informant. After narrating this family background, it was alleged by the informant that on the preceding date at about 7.00 P.M. the informant was grinding sattu. At that time his son Sheobalak was also there frying Maize. Light of dhibri was available. The informant's mother was preparing tea. The informant's father, having wound, was taking meal at the time of occurrence. He was taking his dinner in Verandah which was situated towards northern side. The informant's brother Prabhu Yadav came inside the Angan and asked about his mother, as to whether she was preparing tea. She replied in affirmative. Prabhu Yadav went to the house of informant and threw a bomb upon him. It exploded and his room was filled with smoke. The informant received splinters injury on his right leg and blood started coming out. Prabhu Yadav escaped from the house after exploding the bomb. The informant chased him. The informant's mother and the informant's son Sheo Balak (P.W.3) also joined the informant in chasing Prabhu Yadav. The informant's mother was rushing ahead of the informant and Prabhu Yadav threw another bomb which caused injury on the chest of the informant's mother who received injury and succumbed instantaneously. On the cry, Tarkeshwar Yadav (P.W.5), Dubraj Yadav (not examined), Dukhu Yadav (not examined) and others came. The occurrence was on account of the fact that four years earlier, on the eve of marriage of Prabhu Yadav and younger brother Rameshwar Yadav, one and half quintal of rice was taken from one Tejan Singh. It was not being returned. The informant anyhow returned the loan after selling she -buffalo for Rs. 14,00/ -, where from the informant demanded money, Prabhu Yadav used to be assaulted. On account of this fact Prabhu Yadav has committed the offence.

(3.) THE date of occurrence is 12.09.1983 at 7.00 P.M. and the fard -e -bayan of the informant was recorded on 13.09.1983 at 4.00 P.M. The case was registered on 14.09.1983 at 6.30 P.M. and the formal First Information Report (Ext.4) was sent to the court on 17.09.1983.