ANIL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants and three others were tried on the charge, under Section 396 of the Indian Penal Code for the murder of Ram Bilash Chaudhary. The trial court acquitted the other accused and convicted the appellants and sentenced them to undergo R.I. for life.

(2.) On 4-1-1982 at about 4.30 in the evening, the informant Rama Nand Chaudhary (PW3), his brother Ram Bilash Chaudhary and Kailash Chaudhary, PWI were harvesting their Urad crop (Kalai) at their Basa (hutment) (sic). Subodh Chaudhary PW2 whose Basa was near the Basa of the informant and Subash Chaudhary, PW4 was staying at the Basa of the PW2 in connection with the harvesting of his crop, were also there. When harvested Urad were kept in the bags and bags were finally stitched at that point of time, the appellants some of whom also had their Basa in the vicinity arrived there variously armed with fire arms and lathi and surrounded the Basa of the informant and they forcibly lifted the Urad bags. When Ram Bilash Chaudhary protested, appellant Anil Yadav shot at him from a country-made pistol, as a result he died on the spot. Appellant Bouku Sah shot at Subodh Chaudhary, PW2 and caused injury on his cheek and ear. Appellant Bouku Mandal assaulted Subhash Chaudhary, PW4 with lathi, appellant Mahendra Yadav assaulted informant Rama Nand Chaudhary with lathi. Appellant Kishun Yadav assaulted Kailash Chaudhary, PWI with butt of a gun. Appellant Bino Yadav, Bouku Sah and Chhathu Sah also assaulted them with butt of their respective gun and thereafter they took away five bags of Urad, worth Rs. 1,000.00 wrist watches, blankets, utensils and other articles.

(3.) On the next morning the informant Rama Nand Chaudhary, PW3 lodged first information report and police took up the investigation of the case. After the charge- sheet and cognizance, the case was committed. On transfer the case came up before Shri B. P. Verma, Ist Additional Sessions Judge, Bhagalpur for trial. The accused pleaded not guilty to the Charge and claimed to be tried. The evidence was that a dacoity was committed in the Basa of the informant in the night at about 10, but culprits could notbe identified due to darkness and the accused were roped in the case after due deliberation, due to caste rivalry prevailing in that area between the members of Yadav, Gangota and Bhumihat community. The accused also adduced evidence of 7 DWs in support of their defence.