UPENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these three appeals arise out of the common judgment of conviction and sentence passed on 23rd September, 1996 by the learned Sessions Judge, Madhubani, in ST. No. 207/90 under Sections 302 and 302/34 of the Indian Penal Code. Hence, they were heard together and are being disposed of by this common judgment.

(2.) THE Appellant, Ramjiwan Yadav has been convicted under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life. The Appellants Ram Narain Yadav and Upendra Yadav, have been con victed under Section 302/34 of the I.P.C. and sentenced to undergo imprisonment for life.

(3.) ON the same day, i.e. 22.10.89 the informant, Saukhi Yadav went to Area Police Station and put the law in motion. There S.I. S. Haque, Officer Incharge at Arer Police Station recorded his fardbeyan (Ext. 4) on the basis of which a formal First Information Report was drawn up (Ext. 5) and a case under Section 302/34 was registered against all the three accused Appellants. The I. O., P.W. 9, Md. Shamshul Haque, took up the investigation and visited the place of the occurrence. He seized blood stained spade from the Dalan of accused Appellant Ram Jiwan Yadav (material Ext. I), the blood stained earth and plastic sandle of the deceased from the ridge of the field of one Jagdish Yadav and prepared the seizure list (Ext. 16/2). The I.O. also prepared the inquest report (Ext.7) and sent the dead body of the deceased Musafir Yadav fa post mortem examination. P.W. 6, Dr. S.N. Jha, conducted au" topsy on the dead body of the deceased, Musafir Yadav, on 23.10.89 at 9.00 A.M. the I.O., P.W. 9, also recorded the statements of witnesses and on receipt of the post mortem examination report (Ext. 3) and completion of the investigation chargesheeted all the three, accused Appellants for trial under Sections 302/364/34 of the Indian Penal Code. All the three accused Appellants were placed for trial before the learned Sessions Judge, Madhubani which ended in their conviction and sentence, as indicated above.