MUNDRIKA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) SOMETIMES people do suffer for their goodness and it was no in case of deceased Jagdish Yadav too who, in his pious object to pacify the assailant, Suffered on slaught and met his tragic end. This takes us to an incident which happened in village Pattan on 20th March. 1994. Allegedly, on 20th March, 1994, a meeting of community had been convened in the Primary School to discuss some domestic issue of the community, and shortly after deceased Jagdish Yadav left venue of panchayati for his house, that he was informed by Vidya Prasad Yadav (PW 2) about his son being assaulted by appellant and others. Deceased Jagdish Yadav and others rushed towards house of the appellant and questioned him for his action, pursuant to which appellant and Krishnanand, Yadav took up arms and fired shots on Jagdish Yadav which hit abdominal region of Jagdish Yadav, the deceased, who while fighting loosing battle for his survival, rendered his fardbeyan at 11 p.m. on 20th March, 1994 at Sadar Hospital, Munger.

(2.) AFTER Police was set in motion, investigation commenced, and during investigation, that followed, Police Officer took statement of a number of witnesses, visited place of occurrence, noticed incriminating articles there, got autopsy held over the dead body of the deceased, took steps for apprehension of the assailants and on conclusion of investigation, laid charge sheet before the Court. Guilt of the appellant was sought to be established by the State, with the aid of 13 witnesses, examined at trial, and those examined at trial, include family members of the deceased, the doctor. Police Officer and host of other witnesses.

(3.) AT the outset, we consider it proper to state some salient features of the proceeding. Though four persons were sought to be prosecuted at the threshold. Dinesh Yadav absconded, pursuant thereto though three persons including appellant were put on trial, Krishnanand Yadav absconded in the midst of trial and it is how that only appellant and Krishnanand Yadav continued to be on the record till conclusion of the trial.