(1.) This appeal is directed against the judgment and order dated 29.8.1987 passed by IXth Additional Sessions Judge, Munger in Sessions Case No. 112 of 1982 convicting and sentencing the appellants to undergo life imprisonment under Sections 302/149, Indian Penal Code and rigorous imprisonment for a period of six months each under Section 379, Indian Penal Code. Appellant Moti Yadav has been further convicted and sentenced to rigorous imprisonment for a period of one year under Section 147. Indian Penal Code and rigorous imprisonment for a period of six months under Section 323, Indian Penal Code and remaining five other appellants have been further convicted and sentenced for a period of two years under Section 148, Indian Penal Code. All the sentences passed against each appellant have been ordered to run concurrently.
(2.) The case of the prosecution in short is that on 13.4.1981 at about 5 a.m., deceased Singheshwar Yadav, father of informant, was getting his wheat crop harvested in his field. In harvesting thes crop, informant Biresh Prasad Yadav (PW 8), Bengali Yadav (PW 3), Chandradeo Prasad Yadav (PW 5) and four to five labourers were also there. All of a sudden, a mob of twenty to twenty five persons, variously armed, came to the field. Informant identified the appellants and six others, namely, Rajeshwar Yadav, Ashrafi Yadav, Indradeo Yadav, Ram Lakhan Yadav and Ram Balak Yadav in the mob. -Appellant Kamo Yadav @ Kameshwar Yadav was armed with arrow, appellant Moti Yadav was armed with lathi, appellant Tulsi Yadav was armed with saif and appellants Rajeshwar Yadav, Company Yadav, Bino Yadav were armed with bhalos. Appellant Tulsi Yadav asked deceased singheshwar Yadav not to harvest the crop and when the deceased replied that the land belonged to him, appellant Tulsi Yadav asked his companions to finish the deceased and his instigation was supported by co-accused Mishri Yadav who also ordered his companions to loot the crop. Thereafter, co-accused Ram Lakhan Yadav inflicted Saif injury on the head of deceased. Appellants Company Yadav and Rajeshwar Yadav inflicted bhala injuries on the chest of deceased. On the alarm raised by informant, villagers reached the place of occurrence by running and when Dhanik Yadav (PW 2), Chandradeo Yadav (PW 5) and Suresh Yadav (PW 6) tried to save the deceased, they were also assaulted with lathi and bhala by the appellants and their companions. Singheshwar Yadav, father of informant, died at the spot and the occurrence was witnessed by a number of persons including Sundar Yadav (PW 6), Sheo Nandan Paswan (not examined), Pitamber Yadav (PW 7) and others. The appellants, while leaving the place of occurrence, took away the wheat crop of informant with them. The informant lodged a written report addressed to Officer-in-charge, Chanan Police Station and on basis of this report, a case under Sections 147, 148, 149 and 302, Indian Penal Code, was registered against the appellants and other six co-accused persons, named above. The police, after investigation, submitted charge-sheet against the appellants and other six co-accused persons, namely, Parmeshwar Yadav, Ashrafi Yadav, Mishri Yadav, Ram Lakhan Yadav, Indradeo Yadav and Ram Balak Yadav were held not guilty and they were acquitted of the charges but so far the appellants are concerned, they were found guilty and were convicted and sentenced, as indicated above.
(3.) The case of the appellants, as it appears from the trend of cross-examination of prosecution witnesses and defence witnesses examined on their behalf, is that on the day and time of occurrence, the deceased, alongwith a mob, had gone to the field of appellants for looting the wheat crop and members of prosecution party assaulted appellant Rajeshwar Yadav and co- accused Ram Balak Yadav and were taking them away in order to kill them and when the villagers wanted to rescue them, a scuffle took place between the prosecution party and villagers and in that scuffle, the deceased was killed. Two witnesses on behalf of the appellants have been examined.