KRISHNA YADAV @ KRISHNA AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals, under consideration, arising out of the same judgment and order dated 20.03.1993 passed by IIIrd Additional Sessions Judge, Arrah in Sessions Trial No. 323 of 1980 have been heard together and are being disposed of by this common order. Krishna Yadav @ Krishna Ahir, sole Appellant of criminal appeal No. 165 of 1993, has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/149, Indian Penal Code and rigorous imprisonment for two years Under Section 148, Indian Penal Code.

(2.) Appellants Bishuni Ahir (Yadav), Kamta Yadav, Biyogi Yadav, Ram Newaj Yadav, Ram Shanehi Yadav, Ram Raj Yadav, Ram Balak Yadav, Roshan Yadav, Deban Yadav, Dasharath Yadav and Madan Thakur of criminal appeal No, 184 of 1993 have been convicted and sentenced to undergo rigorous imprisonment for life under Sections 302/149, Indian Penal Code and rigorous imprisonment for two years under Section 148, Indian Penal Code. Appellant Ram Singhashan Yadav, the sole Appellant of criminal appeal No. 245 of 1993 has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302, Indian Penal Code, rigorous imprisonment for three years under Section 148, Indian Penal Code and rigorous imprisonment for seven years under Section 27, Arms Act. The different sentences, passed against each Appellants have been ordered to run concurrently.

(3.) THE case of prosecution, as disclosed in the fardbayan of informant Sri Nath Gosain (P.W. 9) is that on 20.03.1980 at about 8. a.m., his father Jagdish Gosain had gone to Radha Lohar and Karsan Lohar (both not examined) for repairing of his Janta (hand grinding mill) but he could not get it repaired. There he was surrounded by Appellants Bishuni Ahir, Kamta Yadav and Ram Singhashan Yadav who asked him that on the previous day why he had gone to cut the wheat crop of a Math. The father of informant came running to the courtyard of his house. Informant, his younger brother, Ram Nath Gosain (P.W. 8), Monako Devi (P.W. 2), were in the house. While closing the door of his courtyard, the informant saw that Appellants Ram Shanehi Yadav, Ram Raj Yadav, Biyogi Yadav, Roshan Yadav, Ram Newaj Yadav, Ram Balak Yadav, Deban Yadav, Dasharath Yadav, Dwarika Yadav (since deceased) alongwith Manan Dhobi (died during the pendency of trial), coaccused Guil Yadav, Madan Thakur (Naau) alongwith others, rounded his house. Informant and his family members closed the door and remained close to it so that no body can break the door. Father of informant, by standing in his courtyard, started making hulla. In the meantime, Appellant Ram Singhashan Yadav, carrying a gun in his hand, climbed on the tiled roof of the house of the informant and fired from his gun which hit the father of informant on the right side of chest and he fell on the ground and died. There was hulla in the village that a number of persons including Bishnu Chamar and coaccused Sakaldip Chamar, carrying gun, from the side of Ichri village and co -ac -cused Chattu Ahir, Jagarnath Yadav, Bhim Ahir, Appellant Krishna Ahir, coaccused Bharat Yadav, Meer Yadav, Sitaram Dusadh, Baleshwar Dusadh, Kariman Dhobi, Lalan Dhobi and others belonging to village of informant went towards western side of village and started firing there and in this firing, Bir Bahadur Singh (P.W. 3), Nabalig Singh (P.W. 6), Shiv Shankar Singh (P.W, 15) Rameshwar Singh (not examined) and Ram Ayodhya Mahto (P.W. 13) received pellet injuries. The Appellants and their companions, after entering the village, statrted beating those persons who had cut the paddy crop of Math and caused injuries to them also. They also tried to take away the dead body of father of informant but in the meantime, police reached there and Appellants and their companions fled away but coaccused Madan Naau, Shiv Nath Dusadh, Phikka Mian, Guil Yadav, Daya Shankar Sah and Appellant Bhuedhar Yadav (since dead) were caught by police. The informant came to know that the Appellants and their companions made an attempt to kill Akhilesh Kumar Singh (not examined) who was coming on a cycle and he, after leaving his cycle, ran away. Informant, further, stated in his fardbayan that the occurrence was witnessed by Banarsi Singh (P.W. 11), Haridwar Singh (P.W. 10) and other persons of his village.