STATE OF BIHAR Vs. LAXMAN YADAV

JUDGEMENT

(1.) In view of the order dated 19.05.2011, this appeal has been referred before the Division Bench though, cause list of today shows that this appeal be listed along with G. App (DB) No. 14 of 1994. But it appears that noting on the cause list showing that this appeal be tagged for hearing is incorrect and other Government Appeals is not connected with the present Government Appeal so only G. App (DB) No. 26 of 1996 is being disposed of.

(2.) Government Appeal (DB) No. 26 of 1996, the State of Bihar has assailed the judgment dated 30th March of 1996, passed by the learned 2nd Additional Sessions Judge, Saharsa in connection with Sessions Trial No. 28 of 1995, whereby the accused persons/respondents Laxman Yadav, Ranbir Yadav, Luro Yadav, Naresh Yadav, Dinesh Prasad Yadav, Manoj Yadav, Jageshwar Yadav, Suresh Yadav, Sachendra Yadav, Gajjo Yadav @ Gajendra Yadav, Ramdhani Yadav, Pandav Yadav, Mithilesh Kumar Yadav and Tribeni Yadav have been acquitted under Sections 147, 148, 149, 302, 341, 323 of the Indian Penal Code and Section 27 of the Arms Act.

(3.) On 18.02.1993, at about 10.00 A. M. , the informant was in his Baithka house, his younger brother Arjun Yadav was having bread in a plate there and the informant's father was also present. In the meanwhile accused Ranbir Yadav armed with rifle, Manoj Yadav armed with three-not, Laxman Yadav armed with rifle and Luro Yadav, Tribeni Yadav, Jageshwar Yadav, Suresh Yadav, Suchendra Yadav, Gajjo Yadav, Ramdhani Yadav, Pandav Yadav, Dinesh Yadav and Mithilesh Yadav all armed with Lathi, Farsa and Bhala arrived at the Baithka to the north. Then Luro Yadav called for an assault and then the accused Ranbir Yadav, Manoj Yadav and Laxman Yadav caught the informant's brother Arjun Yadav and dragged him below the Baithka in the field of Tilakdhari Yadav. Laxman Yadav fatally fired from his rifle at Arjun Yadav. On hue and cry raised by the informant, the accused persons went towards their house dragging the dead body to their house. Then Ramjee Yadav, Lalkun Yadav and Saini Yadav and others came but they were assaulted by Lathi and Farsa. Chowkidar Bhumi Paswan arrived and the accused persons vanished. The occurrence was seen by Rajeshwar Yadav, Dasrath Yadav, Uchit and other co-villagers. A petty occurrence was the motive of the prosecution case and the occurrence was that a litre of diesel to be filled up in the boring machine of Chalitar Yadav and Ranbir Yadav had spilled-out all the diesel for which there had been quarrel between Arjun Yadav and Ranbir Yadav and other accused. The accused party had instituted a case against Arjun Yadav and others for the same occurrence. After registration of the case, investigation was started and charge sheet was submitted after investigation under Sections 147, 148, 149, 302, 341, 323 of the Indian Penal Code and Section 27 of the Arms Act. The charges were explained to the accused then they pleaded innocence and the trial proceeded.