SHASHI MOHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the judgment of conviction dated 18-12-2000 and sentence order dated 20-12-2000 passed by Sri Shreenarayan Choudhary, Sessions Judge, Katihar in Sessions Case No. 357 of 1988 by which and whereunder, he convicted the appellants for the offences, punishable under Sections-304(II)/34 and 323/34 of the Indian Penal Code and sentenced them to undergo R.I. for ten years for the offence u/S 304(ii) of the Indian Penal Code but no separate sentence was passed for the offence under Section-323/34 of the Indian Penal Code.

(2.) THE brief fact, giving rise to file this Criminal Appeal, is that P.W. 9 Prabhu Kumar Yadav gave his statement to Officer-in-charge of Kadwa Police Station on 25-10-1983 at about 10.00 a.m. to this effect that on the same day, at about 6.30 a.m. his father, Khitish Mohan Yadav and uncle, Nandlal yadav (P.W. 7) were fixing poles to barricade their kitchen garden just east of their house. In the meantime, all the appellants having lathi in their hands came there and forbade his father and uncle to fix pole but his father and uncle did not listen upon which, appellant, Shashi Mohan Yadav, uttered to kill them and gave lathi blow on the head of his father as a result of which, his father sustained injury on his head and became unconscious. The appellant Devendra Yadav, too, gave lathi blow to his uncle as a result of which, his uncle also became unconscious. When both the aforesaid persons fell down on earth, the appellant, Mahendra Yadav assaulted them with lathi. On alarm, witnesses namely, Sheikh Sarfuddin (P.W. 2), Sheikh Azimuddin, Anik Lal Yadav and others arrived there. Both the injured were taken to hospital.

(3.) P .W. 13 Ramanand Singh took charge of investigation. He recorded the statement of injured Nandlal Yadav (P.W. 7) but he could not record the statement of Khitish Mohan Yadav as he was in unconscious state. P.W. 13 prepared injury reports of Khitish Mohan Yadav and Nandlal Yadav (P.W. 7) recorded the further statement of P.W.9 inspected the place of occurrence and after completion of investigation, submitted charge sheet under Sections-302, 307/34 of the Indian Penal Code as before completion of investigation, Khitish Mohan Yadav succumbed to his injuries.