KESHWERYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) GRAVAMEN of accusations against 16 number of accused persons are that in the early morning, at about 6.30 a.m. on 26th October, 1985, while Jagdish Yadav (P.W.10) had gone to the house of Kurha Yadav to see his ailing aunt, they holding fire arms, opened fire, gained their access in the inner apartment of house, shot shower of bullets, and three female members and a minor child as such, sustained injuries on their persons. The accusation against five accused persons was that they from the tiled roof of the house, took recourse to firing when Anugrah Yadav, son of Jagdish Yadav, sustained fatal injuries at the hands of Chandeshwar Yadav. Accusation against rest five number of accused persons was that they standing outside the house, with arms, allegedly assaulted Vijay Yadav and Subhash Yadav. Motive assigned behing the incident was an attempt, made by Ghura Mistry to get possession of three decimals of land in Barahi Bazaar, which had been purchased by father of Jagdish Yadav from Chandradip Sao. The fardbeyan of Jagdish Yadav with these accusations, was recorded at 14.45 hours on 26th October, 1985 by Shri Ashok Kumar Singh, Officer Incharge, Rafiganj Police Station, on strength of which first information report was drawn up, and investigation commenced.

(2.) AFTER Police had been set in motion, investigating Officer (P.W.13) visited place of occurrence, recorded statement of witnesses, got injured examined by doctor, autopsy held over the dead body of Anugrah Yadav, prepared inquest report, seized blood stained earth, and on receipt of autopsy report, eventually laid charge sheet before the Court. In the eventual trial, that commenced, the State examined altogether 14 witnesses, who were family members of the deceased, some of those, who demonstrated their familiarity with the incident, two doctors, Police Officer and also formal witnesses.

(3.) THOUGH all the 26 number of accused persons who on some count, suffered conviction and were sentenced to suffer imprisonment for different terms, it seems that Ram Briksh Mistry, who was one of the appellants, died during pendency of the appeal and as such, appeal as against him, stood abated.