MOTICHAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) S.A. Khan, J. This appeal is directed against the judgment of conviction and the order of sentence dated 25.1.2000, passed by the 3rd Additional Sessions Judge, Bettiah in Sessions Trial No. 161 of 1990 convicting the appellant Jagarnath Yadav to undergo simple imprisonment for two years under Section 148 of the Indian Penal Code and simple imprisonment for three years under Section 324 of the Indian Penal Code whereas the remaining appellants have been sentenced to undergo simple imprisonment for one year under Section 147 of the Indian Penal Code and simple imprisonment of one year under Section 323 of the Indian Penal Code. Appellant Missari Yadav has further been sentenced to undergo simple imprisonment for three years under Section 325 of the Indian Penal Code. The appellants have also been directed to pay a fine of Rs. 2,000/- each to the injured persons. All the sentences are directed to run concurrently.

(2.) THE prosecution case, as narrated in the First Information Report, is on the basis of the Fardbeyan of Surya Yadav. He has stated that his nephew Brajesh Yadav was cutting the sugarcane (Gaid) from the field. In the meantime, Manshari Yadav objected. The informant intervened and asked him to allow Brajesh Yadav to take away the sugarcane (Gaid) which he had cut. In the meantime, it is said that the appellants variously armed came to the place of occurrence and Jagarnath Yadav gave the order to kill. In the meantime, Mishri Yadav assaulted the informant on his head with a lathi, Jagarnath Yadav assaulted him with a Bhala on the right side of his leg. Sarwan Yadav, Moti Chand Yadav and Sadhu assaulted his nephew with Lathi. On alarm being raised, the informant's elder brother Dhrub Yadav and his younger brother came to the place of occurrence. Both of them were also assaulted by the accused persons. The occurrence was witnessed by Kishun Yadav and Parasuram Missir. On the basis of the aforesaid First Information Report, investigation was conducted.

(3.) ALTOGETHER seven witnesses have been examined in this case on behalf of the prosecution, out of whom the eye witnesses named in the First Information Report i.e. PW 4 Ram Kishun Yadav and PW 5 Parashuram Missir have been declared hostile. The other witnesses who have been examined are all family members of the informant i.e. his nephew and three brothers.