ARJUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals were heard analogous as they arise out of the same judgment and are being disposed of by this common judgment.

(2.) The Appellants Ramdeo Pandit and Kedar Yadav have been convicted under Section 302 read with 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for life and fine of Rs. 5,000/- each under Section 302 of the Indian Penal Code. They have further been sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 2000/-each under Section 27 of the Arms Act. Remaining Appellants have been convicted under Section 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous Imprisonment for life and pay fine of Rs. 5,000/- each. The Appellants, namely, Prahalad Thakur, Shubhash Yadav, Niro Yadav have also been convicted under Section 27 of the Arms Act and have been sentenced to undergo rigorous imprisonment for seven years and pay fine of Rs. 2000/- each. The Appellant Shubhash Yadav has also been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and pay fine of Rs. 2000/-. In default of payment of fine, all the Appellants were directed to undergo simple imprisonment for six months in addition to the Sentences awarded to them. All the Appellants were also convicted under Section 148 of the Indian Penal Code but no separate sentence was recorded against them under that court. The aforesaid sentences were, however, directed to run concurrently.

(3.) The alleged occurrence took place on 18.6.97 at 5 p.m. and the fard bayan of the informant was recorded on the same day at 8.30 p.m. by S.I. Sri G. Oraon of Amarpur P.S. at Referal Hospital, Amarpur. The prosecution as disclosed in the fardbeyan of the informant is that on 18.6.97, the informant alongwith Sanjay Manjhi (deceased) were returning back home from Marko Hatia. At about 5 p.m., they came upon the road near Kundi Bandh where Appellants Arjun Yadav, Banarsi Pandit being armed with sickle, Kedar Yadav, Subhash Yadav being armed with 303 (pistol) stopped the cycle of the informant and Kedar Yadav called his companions on which Niro Yadav, Prahalad Thakur, Ramdeo Pandit came out from the Boaring house of Arjun Yadav, which was situated adjacent to road and out of them Niro Yadav and Ramdeo Pandit were armed with 303 (pistol), where as, Prahalad Thakur was armed with Musket. No sooner they came on the road, Arjun Yadav ordered to kill, whereupon, Kedar Yadav fired upon the head of the deceased Sanjay Manjhi with his pistol and when the informant tried to run away, the Appellant Subhash Yadav fired upon him causing injury on his left hand. The Appellants resorted to several rounds of firing and Sanjay Manjhi fell down on the road. In the meantime, Narad Rana came to the rescue of the informant and deceased, who was caught by the Appellants and Ramdeo Pandit fired upon him, as a result of which, he also fell down injured. The informant ran away towards village and the villagers also rushed towards the place of occurrence and seeing them the Appellants, fled away towards north. The informant and the villagers came at the place of occurrence and found that both Sanjay Manjhi and Narad Rana were lying dead. The motive assigned for the occurrence is that Ramdeo Pandit had assaulted one Congress Sah at Delhi and Congress Sah sent information regarding that occurrence at his village on which his brother Suresh Sah, Gulten Sah went to the house of Ramdeo Pandit and abused his father Banarsi Pandit (Appellant). This incident took place 10-12 days before the occurrence of the present case. It is alleged that Appellant Banarsi Pandit informed his son Ramdeo Pandit at Delhi that the brothers of Congress Sah had abused and quarrelled with him. On getting information from his father, the Appellant Ramdeo Pandit came to his village on 17.6.97 alongwith Appellant Arjun Yadav, who also used to work at Delhi since last two months and the occurrence was committed on the next day because the Appellants were of the impression that the informant and deceased were in league with Congress Sah and helping him. Besides that the deceased had litigation with Arjun Yadav.