AKALU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON being tried by 6th Additional Sessions Judge, Arrah in Session Trial No. 370 of 1986, while appellant Bachan Yadav suffered conviction under Section 324 of the Indian Penal bode and was sentenced to suffer rigorous imprisonment for a term of three years, appellants Akalu Yadav and Sheonath Yadav suffered conviction under Section 323 of the Indian Pelan Code and were sentenced to undergo rigorous imprisonment for a term of one year each.

(2.) THE factual matrix. It is alleged that on 20th April, 1985 at about 5.20 a.m., the appellants came to the door of Sheo Kumar Yadav (P.M. 2) holding lethal was pons and also wooden substance with them when Bachan Yadav dealt a fasuli blow on his head. It is alleged that simultaneously Akalu Yadav a as Lalan Yadav too dealt blows with bhalaon his skull. THE allegation attributed to Sheonath Yadav was that after Sheo Kumar Yadav dropped to the ground on receipt of injury dealt by Akalu Yadav and Bachan Yadav, he dealt blows with wooden substance on back. It was alleged that only after the villagers assembled, the victim could be saved. THE genesis of incident assigned by the prosecution was that Ram Tapasaya Yadav, son of appellant Sheonath Yadav had plucked mango, which was being guarded by Bali Yadav, father of Sheo Kumar Yadav, and after Ram Tapaseya Yadav was taken to task, the incident followed. After the prosecution was launched on behest of Sheo Kumar Yadav, the investigation commenced, in course of which the Police Officer recorded statement of witnesses, visited place of occurrence, secured injury report from the doctor and on conclusion of investigation laid charge-sheet before the Court. In the eventual trial that commenced, the State examined altogether six witnesses and those examined by the State include the injured, his family members, doctor, who examined the injured and also the police officer.

(3.) NOW coming to the evidence that has been adduced on behalf of the State I find Sheo Kumar Yadav P.W. 2 reiterating his earlier version which he rendered before the police about Bachan Yadav dealing blows with his fasuli on his head followed by assault by Akalu Yadav alias Lallan and Sheonath Yadav as Shidhnath Yadav. The accusation attributed to Akalu was that he dealt blows with bhala on his head and when he dropped on the ground successive assaults were made by Akalu and Sheonath, with wooden substance on his back. Similar narration was made by Shashi Bhushan Yadav about appellants dealing blow on Sheo Kumar Yadav with the weapons which they held with them. Admittedly, Bali Yadav P.W. 3 who happened to father of the informant was not an ocular witness. However, he would state before the Court that he was guarding the mango orchard from which the mangoes were plucked by son of Sheonath Yadav. He, however, stated to have learnt about the incident. The other witness was Ekram Singh P.W. 4 who states that Rarti Bali Yadav was guarding the mango orchard which he had taken from Gani Mian. Asrar Ahmad, P.W. 6, Sub-Inspector of Police, who happens to be the Investigating Officer stated to have recorded fardbeyan of Sheo Kumar Yadav pursuant to which investigation followed. He stated to have noticed no marks of violence on the place of occurrence. Dr. Shashi Bhushan Singh P.W. 5 who examined the injured stated to have noticed lacerated wound on the middle of skull, another lacerated wound on, the: right side of skull and one bruize on the right side of chest. All the three injuries-estimation of the doctor were caused by hard and blunt substance. The doctor would further state that injury No. 3 which was bruise in nature was caused lathi injury No. 2 was caused by blunt portion of bhala and in injury No. 1 was caused by fasuli edge of which blunt. This is all the evidence that has been adduced on behalf of the State.