RAMDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON 26th February, 1994, village Isapur witnessed a bizarre incident, in which three innocent persons gossiping at the door of the house of Ram Kishun Lal (P.W.9) suffered fatal injuries on their persons and eventually succumbed to them. At the outset, we may briefly refer to the salient features of the prosecution case against the appellants centering round the incident in question.

(2.) IT was alleged that on that fateful day, while Ram Kishun Lal (P.W.9) along with Sudhir Kumar (deceased), Satish Kumar and other villagers was gossiping at the door of his house, having accomplished payment of wages to the labourers, who were engaged by him, the appellants came along with Mathura Yadav and exploded bombs and also took recourse to firing. Accusation against Mathura Yadav and Ramdeo Yadav was that they too had taken recourse to firing. Explicit accusation attributed to Sidheshwar Yadav was about exploding bomb on Sudhir Kumar alias Santosh Kumar, while accusation against Maksudan Yadav was about exploding bomb on Bishundeo Yadav. Likewise, accusation against Amrik Yadav was about exploding bomb on Muneshwar Raut whose right hand was blown by explosion and shortly after he rushed to his house, he succumbed to the injuries sustained by him. It was alleged that the appellants and those accompanying them, retreated from the place of occurrence exploding bombs. The motive assigned behind the gruesome killing of three persons was that deceased Santosh Kumar was a witness in a case of murder instituted against Basudeo Yadav, father of Sidheshwar Yadav, Maksudan Yadav and Amrik Yadav.The narration made by the maker of fardbeyan and also the recitals made therein would show that Ram Kishun Lal, shortly after the incident, went to Kaser Police Station, and as there was none for redressal of his grievance, he approached the Police personnel posted at Satbahna Outpost and from there too he had to return frustrated and then he met the chowkidar of Satbahna Outpost who took him to dafadar and from there he went to Ariyari Police Station where his fardbeyan was recorded by the Police Officer, pursuant to which investigation commenced. The Police Officer entrusted with the onerous task of investigation, visited the place of occurrence, recorded statement of witnesses, effected seizure of offending articles from the place of occurrence, prepared inquest report over the dead bodies of the three deceased, sent the dead bodies to mortuary for post mortem examination, and on conclusion of investigation, laid charge sheet before the Court. In the eventual trial that commenced, the State examined altogether 13 witnesses, including family members of the deceased and also those who claimed to be ocular witnesses of the incident. The State, also examined three doctors, who held autopsy over the dead bodies of the three deceased, some witnesses tendered by the prosecution and also the Police Officer, who carried out invesigation of the incident.

(3.) THOUGH various contentions were raised at Bar to assail the propriety of the findings recorded by the Court below, before we delve upon them, we wish to analyse the quality of evidence placed on the record for correct appreciation of them. Now adverting to the narrations made by Ram Kishun Lal (P.W.9), who was the maker of the fardbeyan, one may notice him reiterating his early version which he rendered before the Police to set the criminal law in motion, stating, inter alia, at trial, that while he along with Sudhir Kumar alias Santosh Kumar, Satish Kumar, Archana Devi, Bishundeo Yadav, Muneshwar Raut, and Ayodhya Yadav, was gossiping at the door of his house after making payment of wages to the labourers, he witnessed Maksudan Yadav, Amrik Yadav, Sidheshwar Yadav and Ramdeo Yadav coming from east direction, along with one other person, who had concealed his face, holding firearm, and shortly after their arrival, they began exploding bombs. The witness would explain the delay in launching the prosecution against the appellants. Ayodhya Yadav (P.W.1) would state in similar terms about Sudhir Kumar, Bishundeo Yadav, and Satish Kumar and others gossiping in front of the house of Sudhir Kumar, when appellants came exploding bomb, and the witness would make attribution against individual appellant for causing injuries to Sudhir Kumar, Bishundeo Yadav and Muneshwar Raut. To be specific, while accusation attributed to Sidheshwar Yadav was about exploding bomb on Sudhir Kumar, accusation against Maksudan Yadav and Amrik Yadav was for exploding bomb on Bishundeo Yadav and Muneshwar Raut, respectively. Now switching over to the statement of Archana Devi (P.W.2), we find the witness stating at trial that while family members and others were gossiping in front of their house, five persons emerged from the western lane and while one of them went in east direction holding rifle, the other took side in west direction holding fire arm. The witness would claim identification of Sidheshwa Yadav, Maksudan Yadav, Amrk Yadav and Ramdeo Yadav and one more person who had concealed his identity. Exactly similar narration about the overt act assigned to individual appellant was made by P.W.9 also making Sidheshwar Yadav answerable for killing of Sudhir Kumar by explosion of bomb, and Maksudan Yadav and Amrik Yadav being authors of the episode of murder of Bishundeo Yadav and Muneshwar Raut, respectively. This witness, however, would commit error in identification of Ramdeo Yadav at trial. Ganesh Yadav (P.W.3) and Jago Yadav (P.W.8) were, however, tendered by the State, there being nothing material to merit consideration. The other witness examined by the State, Naresh Yadav (RW.4) would state at trial that while he was at a pumping set at a distance of about 40 -45 feet from the house of Sudhir Kumar, he noticed Ramdeo Yadav, Sidheshwar Yadav, Maksudan Yadav and Amrik Yadav and one more person, concealing his identity, coming towards house of Ram Kishun Lal. About Ramdeo Yadav and also the person who had concealed his identity, the witness would state that they were firing from the arms which they held with them. He began to flee on hearing the sound of explosion and also the firing. Though the witness would claim to have concealed himself in the house of Kashi Raut from where he began to witness the incident, he would make candid statement for having not witnessed explosion of bombs. However, he would claim to have seen Sudhir Kumar, Bishundeo and Muneshwar Raut lying injured with serious injuries on their persons. About Muneshwar Raut, the witness further states that shortly after receipt of injuries, he rushed to his house but succumbed to them. About Sudhir Kumar, he stated that by explosion of bomb, the intestine had bulged out from the stomach.