ANANT LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appellants were tried in Sessions trial No. 120 of 1988 by Additional Sessions Judge, Godda, on the charge of being members of unlawful assembly and committing murder of Saryu Mandal, theft in the house of the first informant, Arvind Mandal and voluntarily causing hurt to Chandeshwari Sah and Gajju allegedly on 8th day of June, 1985 at village Baksara, P. S. Poraiya Hat and they have been found guilty under Sections 302/149, I. P. C. and Section 380/34, I. P, C. and sentenced to undergo rigorous imprisonment for life and two years under two counts respectively. Appellants-Bijal Yadav, Arun Yadav, Prakash alias Pragash Yadav, Hagalu Khirhar and Pairu Khirhar have also been convicted under Sections 323/34 1. P. C. and sentenced to undergo rigorous imprisonment for three months. The sentences, however, are to run concurrently.

(2.) The case of the prosecution was initiated on the basis of the Fardbeyan (Exhibit-2) recorded on the statement of Arvind Mandal (P.W. 1) S. I. R. P. Sharma (P.W. 11) on 8-6-1985 at 12 hours.

(3.) The case of the prosecution may be briefly stated. Devi Mandal, grant- father of the first informant (P.W. I) and Ganauri Mandal were full brothers. The first wife of Ganauri Mandal died issueless. Thereafter he took another wife who had a son named Bijal Yadav (the accused) from her first husband and Bijal Yadav came with his mother, after her marriage with Ganauri Mandal. Ganauri Mandal has no issue even from his second wife and Bijal Yadav remained with him as son. Bijal Yadav had two sons-Nand Kishore Yadav (the accused) and Nawal Kishore Yadav (the accused). Ganauri Mandal died in 1983 and his second wife also expired in the same year after his death. Thereafter the first informant asked Bijal Yadav (the accused) and his sons to give up the property of Ganauri Mandal as Kaku Mandal the father of the first informant happened to be the nearest heir of Ganauri Mandal. For this reason Bijal Yadav and his supporters became inimical to the family of the first informant. On the Wednesday, preceding the day of occurrence of the present case Bijal Yadav and his supporters had untied the bullock from the plough of the first informant and pounded his bullock and also carried awav the Juath and one maond paddy seedlings belonging to the first informant and assaulted the first informant for which the first informant's brother Anil Mandal had instituted a compLalnt case. This further enraised the accused persons. On 8-6-1985 at about 5.30 A.M. while the first informant was feeding his cattle near his eastern house situated close to a jack tree along with his brother Saryu Manual and Sunil Mandal and his father Raku Mandal and his villager Sudin Sah and others were also there and were gossiping. All on a sudden these accused persons along with Ganesh Yadav, Doro Khirhar (both since dead) and four to five other unknown persons armed with Garasa, Farsa, Bhala, Tonga, Dagger, Lathi, Bomb & Pistol surrounded them and started hurling brick bats and stones shouting Maro-Maro. Accused Garju Yadav was exhorting his associates to kill them. Accused Nand Kishore Yadav, Antlal Yadav and Nand Deo Mahto were armed with Garasa, Bodhi Mahto and Futali Yadav were armed with Farsa, Horil Yadav and Digo Yadav were armed with Bhala, Jaikant Khirhar was armed with Tanga, Ganesh (dead) was armed with Bomb and the remaining of the accused were armed with Lathi. The unknown persons were armed with Bomb, Pistol, Dagger and Lathi. The first informant along with his brothers Saryu Mandal, Sunil Mandal and their villager Sudin Sah out of fear fled into his house and bolted the door from inside, but the accused persons exploded the Bomb on the door of the house and started breaking open the door by hitting Tangi. In the mean time the accused Ganesh Yadav (since dead) threw two Bombs through a big hole in the wall of the said room which exploded. Thereafter the first informant and other three who were inside the house get up on Dharan of the house, came out of the house by tearing the thatch of its roof, jumped down from its roof and started to flee away. The accused persons started chasing them. Saryu Mandal (the deceased) fled away towards west and the remaining three fled awav to wards south. The accused succeeded in surrounding Saryu Mandal (the deceased). Accused Nand Kishore Yadav and Bodhi Yadav assaulted him with Garasa and Farsa on his head. Accused Antlal Yadav assaulted with Garasa on his right leg. As a result of which Saryu Mandal (the deceased) fell down and thereafter Horil Yadav started assaulting him with Bhala. On this accused Nand Kishore Yadav said as to why they were assaulting on his leg and arms only and asked to chop off his neck and uttering these words he have a heavy blow by Garasa on the neck of Saryu Mandal. Others assaulted him with Lathi and Bhala. After splashing for some time Saryu Mandal stayed there, west of the road in a Pradbani field in Egora Bandh of village Baksara. The first informant, his brother Sunil Mandal (P.W. 2) and his villagers Sudin Sah (P.W. 5), Murli Sah (not examined) and Chandeshwari Sah (P.W. 4) and others had tried to save Saryu Mandal but the accused persons chased them and asked them that if they would come there they would be also finished. Thereafter they fled away towards their village. The accused persons also thereafter came back to the village and they entered into the house of the first informant and took away four bags of rice, two bags of Paddy some utensils, some silver ornaments, three sarees, all papers connecting lands and cases and Rs 600/- in cash all worth Rs. 4.000/- saying that they will fight the murder case by selling those articles. Thereupon Dhrupad Sah (P.W. 3) and Narsing Mandal (not examined) protested by saying as two why they were doing this high-handedness. Thereupon the accused persons saying that they were taking side of the first informant entered into the house of Dhrupad Sah and took away the utensils from this house and assaulted Chandeshwari Sah son of Dhrupad Sah. Thereafter accused persons went away towards north saying that if anybody would attempt to go out of the house, he would be done away. Hence, nobody could go to lodge information about the incident out of fear and the information regarding the occurrence could be given after the arrival of the S. I. Ramautar Prasad Sharma (P.W. 11) in the village. Ramautar Pd. Sharma recorded Fardbeyan (Exhibit-2) on the basis of ths statement of Arbind Mandal (P.W. 1).