SARJUG YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole Appellant, Sarjug Yadav, has preferred this appeal against the judgment of conviction and order of sentence dated 14.2.1989 passed by the Additional District and Sessions Judge-IV, Patna, in Sessions Trial No. 358 of 1981, Tr. No. 38 of 1982, whereby the Appellant was found guilty under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. The other three accused persons, namely, Arjun Yadav, Hira Yadav and Raj Kishore, who were charged under Sections 302/34 of the Indian Penal Code, were found not guilty and they were acquitted of the charges.

(2.) The prosecution case, as per the fardbeyan (Ext.1) of Bedu Prasad Yadav, P.W.1, the uncle of the deceased, Haricharan Yadav, given on 1.4.1980 at 9.55 A.M. at the Patna Medical College and Hospital (P.M.C.H.) after the death of the deceased, Haricharan Yadav, is that on 31.3.1980 the she-goat of accused Arjun Yadav was found grazing gram and khesari in the khaliyan of his nephew, Haricharan Yadav (deceased). Thereafter, he alongwith his brother, Sukhari Yadav, P.W.2 and the deceased, Haricharan Yadav, were taking the said she-goat to the pond and while they were taking the she-goat to the pond, all the four accused persons variously armed came there and the Appellant, Sarjug Yadav, assaulted the deceased Haricharan Yadav with Garasa on his head and leg, as a result of which he fell down. Thereafter he was removed to the Dhanarua Hospital for treatment and from there to Patna Medical College and Hospital where he died. The further case of the prosecution is that on the alarm being raised by them, two persons, namely, Ram Pravesh Yadav (Sarpanch) and Deo Narayan Singh (both not examined) came and all the accused persons retreated. In the records, there is another fardbeyan of the deceased, Haricharan Yadav, which was given by him at 18.15 hours on 31.3.1980 at Dhanarua Hospital. On the basis of his fardbeyan, a case under Sections 307 and 324 of the Indian Penal Code was instituted by the Dhanarua Police Station vide Dhanarua P.S. Case No. 21 dated 31.3.1980 and the investigation was started by Dhanarua Police Station. In course of investigation of the aforesaid case, fardbeyan of Bedu Prasad Yadav ,P.W.1, recorded on 1st of April, 1980 at Patna Medical College and Hospital, after the death of the deceased, was received at Dhanarua Police Station. The Dhanarua Police after completion of the investigation submitted charge sheet in the aforesaid case against all the four accused persons and final form was submitted against one Shyamdeo.

(3.) After submission of charge sheet cognizance of the offence was taken and the case was committed to the court of sessions for trial.