SADHO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.8.1990 passed by the 2 nd Addl. Sessions Judge, Bhagalpur in S.Tr.No. 34 of 1979 whereby and whereunder the appellants Sadhu Yadav, Jagdish Yadav and Rajmani Yadav have been convicted for offences under sections 302, 302, 302/34 I.P.C. respectively and sentenced to undergo R.I. for life. Appellant Jagdish Yadav has also been convicted for offence under section 323 I.P.C. as well and has been directed to undergo S.I. for six months.

(2.) The prosecution case has been initiated on a fardbeyan (Ext.1) of Murlidhar Choudhary (P.W.6) who had stated before the Police Officer (P.W.8) in the Government hospital, Chandan on 1.2.1974 at 3.00 P.M. that early morning on that very day in or around 6.30 P.M. a mob of 10 persons including the appellants had come to his house and had pelted stone as also abused him and his family members on account of an earlier land dispute of 13 acres which was transferred by a Branch of the informant in the name of the appellant no.2 Jagdish Manjhi (Yadav) and Raghu Manjhi. The informant has also alleged that when pelting of stone and abusing was opposed by him and his father as also other family members and ten armed members of a mob including the appellants were chased to a distance of around 500 yards, a free-fight had commenced in which the appellant Sadhu Yadav with tangi and the appellant Jagdish Yadav with farsa had assaulted his father Jaleshwar Choudhary causing injury on different parts of his body, whereas his brother Chakradhar Choudhary was assaulted by the appellant Rajmani Yadav with a sickle, Jagdish Yadav by farsa, Sadhu Yadav by tangi and the informant also had sustained injury in the hands of the appellant Jagdish Yadav by farsa as also injury by lathi at the hand of Gurudayal yadav.

(3.) The informant has also claimed that the entire occurrence was seen by Ishar Marich (not examined), Gultan Mahto (P.W.3), Chandar Mahto (P.W.1), Saryug Yadav (P.W.2) and Prithibi Nath Rai (P.W.5). It is the further case of the informant that his father had died while he was being carried to the hospital. The fardbeyan of the informant had been recorded in presence of one Sadhu Sharan Rai (not examined) and Permanand Rai (not examined).