NAND LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 10th February, 1999 passed in Sessions Trial No. 389 of 1996 by the then learned Additional Sessions Judge-IIIrd, Banka.

(2.) The appellants Nand Lal Yadav and Sushil Yadav have been convicted and sentenced to life imprisonment under Section 302 of the Indian Penal Code. The appellants Dorik Yadav and Khub Lal Yadav @ Gango Yadav have been convicted and sentenced to life imprisonment under Section 302/149 of the Indian Penal Code. All the four appellants have been convicted and sentenced to R.I. for one year under Section 448 of Indian Penal Code. The appellant Dorij Yadav has again been convicted and sentenced to R.I. for six months under Section 323 of the IPC. All the sentence awarded to them, are, however, ordered to run concurrently.

(3.) On 15.9.1995 the informant, Brahmdeo Yadav, lodged FIR alleging, inter alia, that in the night of 14.9.1995 after taking meal he was at his darwaza and his father, Jakhu Yadav, alongwith his younger brother, Tulsi Yadav (PW 3), was sleeping there. His mother was taking meal in origan and his younger brother, Nand Kishore Yadav, PW 5, was sleeping on a cot in the western veramdah. Other female members and brothers were in their rooms. At 9 p.m. about ten miscreants armed with Bomb, Sword, Chhura, 3 nut came from the western side and on seeing them he alongwith his father fled from the darwaza. He concealed himself in the house. The informant has further alleged that all the four appellants, his co-villagers arongwith, 5/6 unknown miscreants chased his father and entered the house. The appellant, Nand Lal Yadav hurled a bomb at his father and he fell down injured on the ground. His mother, Kewli Devi, rushed and fell down on the body of his father to save him. The appellant, Sushil Yadav, threw a bomb at her and she was injured. Then the appellant, Dorik Yadav, hurled a bomb which caused injury to his father and also to his younger brother, Nand Kishore Yadav, sleeping on a cot in the western veramdah. The appellant, Gango Yadav, inflicted chhura injury on the right side of the neck of his father. At that time unidentified miscreants were standing at the darwaza and after committing the crime all of them fled away. The father and the mother of the informant died at the spot.