KAMLESHWARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are six appellants in all in these two appeals. All of them have been convicted under Section 302/34 of the Indian Penal Code. The appellants of Cr. Appeal No. 395/97, namely, Laddu Yadav and Abhinandan Yadav have also been separately convicted under Section 302 of the Penal Code and sentenced to rigorous imprisonment for life. No separate sentence for the offence under Section 302/34 has been awarded to them in view of the sentences awarded for the offence under Section 302 of the Penal Code. For the offences under Section 302/34, the appellants of Cr. Appeal No. 258/97, namely, Kamleshwari Yadav, Satya Narain Yadav, Surendra Yadav and Vakil Yadav @ Nakul Yadav alone have been awarded sentence of life imprisonment.

(2.) THE prosecution case may, briefly, be set out as follows. Jai Krishna Yadav of village Biri Rampal within Uda Kishanganj Police Station of Madhepura district took his meal at about 10 O&aposclock in the night of 13.3.96 and went to sleep in the Gohal. While he was lying on the Chouki at about 11 O&aposclock he saw some persons coming from the other side flashing torches. They went towards the machan where his eldest uncle Shiv Narain Yadav was sleeping. Jai Krishna Yadav too went near the Machan. He identified the appellants. They were variously armed with country made gun, rifle, Gadasa, Iron rod, Lathi etc. Four of them namely, Kamleshwari Yadav, Vakil Yadav, Staya Narain Yadav and Surendra Yadav caught hold of Shiv Narain Yadav while the remaining two namely, Laddu Yadav and Abhinandan Yadav fired from their rifle and country made gun respectively causing injuries to Shiv Narain Yadav on his forehead, near eye and ear and also on the wrist of left hand. The back portion of the head, in fact, was completely blown off and he instantaneously died on the Machan itself.

(3.) ON the basis of said fardbeyan Uda Kishanganj P.S. Case No. 28/96 was registered against the appellants and the investigation commenced. After taking necessary steps, such as, holding inquest, sending the dead body for post mortem, examining witnesses under Section 161 Cr. P. C, S.l. Mitrajeet Mehta submitted chargesheet against the appellants thus putting them on trial.