RAJENDRA PRASAD YADAV @ RAJENDRA YADAV, S/O LATE BUDHU YADAV, R/O VILL. MADHO BIGAHA, AT PRESENT R/O VILL. BATHANI, P.S. NEEMCHAK BATHANI, DISTRICT - GAYA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) BOTH cases arise out of the same P.S. (Neemchak Bathani P.S. Case No. 08/2005) are being heard together and disposed of by a common judgment. F.I.R. is lodged basing a written application of Ajay Kumar which, in brief, is that on 02.02.2005 at about 12.00 in the day his brother Lal Bahadur Yadav and his friend, Mithilesh Paswan had come his home from village Dhaulapur where they have been in connection with State Assembly Election. Ravindra Prasad was a candidate in the election and they were carrying voter list for him. All the family members were at the home. On the same day, i.e. 02.02.2005 at about 4.00 pm. R.J.D. candidate, Rajendra Prasad Yadav, Pramod Yadav and Rajeshwar Yadav Mukhiya from Atri Vidhan Sabha came his home, called informant's brother, Lal Bahadhur Yadav and his friend, Mithilesh Paswan and forcibly taken away on a Marshal (vehicle). Rajeshwar Yadav taken away a motorcycle standing at the informant's door. Family members and neighbours watched the incident but in fear of informant and others accompanying him (appellant) could not react anyway. Matter was informed to the District Election Officer by Mahendra Paswan. Due to fear of accused persons, they could not dare to come out from their house, so the matter was informed to Mahendra Paswan. Lastly, it is said that with intention to kill Lal Bahadhur Yadav and Mithilesh Paswan both were abducted who remained traceless till filing of charge -sheet in the case.

(2.) IN all, 9 witnesses are examined in the case. They are P.W.1 Rampati Devi, mother of Lal Bahadur Yadav, P.W.2 Sarita Devi, wife of Lal Bahadur Yadav, P.W.3 Ram Kishun Yadav, grand -father, P.W.4 Kanti Devi, sister, P.W.5 Ajay Kumar, informant and brother of Lal Bahadur Yadav, P.W.6 Ravindra Prasad, a candidate in assembly election, P.W.7 Ramanuj Singh, first I.O. of the case, P.W.8 Chandra Kumar, second I.O. and P.W.9 Chunni Singh.

(3.) P .W.9 is a formal witness, P.Ws. 7 and 8 both are the Investigating Officers and have investigated the case but at different stage. P.W.7 is the main Investigating Officer, who was entrusted with the investigation at the earliest stage, inspected the place of occurrence, recorded statement of most of the witnesses and handed over investigation to P.W.8 on his transfer. P.W.8 has submitted charge -sheet in the case. P.Ws.1 to 5 are claiming eye witnesses of the case. P.W.6 states about his candidature in election, victims' assistance (support) in his election and his coming to know abduction and remaining traceless of both the victims. Reason behind the kidnapping is shown support of victims namely, Lal Bahadur Yadav and Mithilesh Paswan to independent candidate Rabindra Prasad.