(1.) APPELLANTS , Gosain Yadav (since deceased), Kusmi Yadav 2 (since deceased), Kamal Yadav, Asarfi Yadav, Jiwachh Mahto (since deceased), Baulal Yadav, Mahakant Yadav, Uttimlal Yadav (since deceased) Shivnandan Yadav, Bulan Mahto, Bhogi Yadav (since deceased), Gaurilal Yadav, Siban Yadav, Ram Tahal Yadav (since deceased) have challenged the judgment of conviction and sentence dated 16.05.1990 passed by 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 145/1978 whereby and whereunder appellant Gosain Yadav (since deceased) was found guilty for an offence punishable under Sections 302, 148 of the IPC and directed to undergo R.I. for life under Section 302 of the IPC, however, no separate sentence was passed under Section 148 of the IPC while appellant, Kusmi Yadav (since deceased), Kamal Yadav, Asarfi Mahto, Jiwachh Mahto (since deceased), Boulal Yadav, Mahakant Yadav, Uttimlal Yadav (since deceased), Shivnandan Yadav, Bhulan Mahto, Bhogilal Yadav (since deceased), Gaurilal Yadav, Siban Yadav, Ram Tahal Yadav (since deceased) have been found guilty for an offence punishable under Sections 302/149 IPC and further been directed to undergo R.I. for life, appellants Siban Yadav and Kusmi Yadav (since deceased) were found guilty for an offence punishable under Sections 326/148 of the IPC and directed to undergo R.I. for two years while Kusmi Yadav (since deceased) was also found guilty for an offence punishable under Section 324 IPC and directed to 3 undergo R.I. for one year. Appellants Kusmi Yadav (since deceased) and Siban Yadav were also found guilty for an offence punishable under Section 148 IPC but no separate sentence was passed. Remaining appellants, namely, Shivnandan Yadav, Uttimlal Yadav (since deceased), Boulal Yadav, Mahakant Yadav, Bhogi Yadav (since deceased), Jiwachh Mahto (since deceased), Bulan Mahto, Asarfi Yadav, Gaurilal Yadav, Ram Tahal Yadav (since deceased), Kamal Yadav were found guilty for an offence punishable under Section 147 of the IPC but no separate sentence was passed therefor.
(2.) HARI Narain Yadav (PW -14) gave his Fardbeyan (Ext -1) on 22.07.1976 at about 2:00 p.m. at Supaul P.S. carrying dead body of his uncle Sahdeo Yadav along with Ram Pd. Yadav (Mukhiya), Muneshwar Yadav, Hari Prasad Yadav, Bahuran Nadal (Chaukidar), Kubru Paswan (Chaukidar) disclosing therein that his father had purchased 10 Katthas of land from Tunni Yadav about 2 -3 years ago which was in southern Badh of his Villager, Parikoch. His co -villager, Siyaram Yadav had planted paddy on Bataai which had ripen for harvesting. On 21.07.1976 at about 10:00 a.m. his co -villager, Gosain Yadav along with Haseri having variously armed came at the land and began to harvest which was seen by Siyaram Yadav and accordingly informed. On this information, he along with his uncle Sahdeo Yadav, Siyaram Yadav, Laxmi Yadav and father Asarfi Yadav had gone to 4 the field and found hundreds of persons armed with bow and arrow, lathi, farsa were engaged in cutting paddy crop wherein he identified, Gosain Yadav, Siban Yadav son of Mawalal Yadav, Kusmi Yadav, Siban Yadav son of Premlal Yadav, Uttimlal Yadav, Mahakant Yadav, Ulmi Sah, Baulal Yadav, Bhogi Yadav, Jivachh Mahto, Bulan Mahto, Asarfi Mahto, Gourilal Yadav, Ram Tahal Yadav, Kamal Yadav. He along with his father forbade them from harvesting the paddy crop over which Gosain Yadav ordered to assault. He had himself shot an arrow causing injury over the chest of Sahdeo Yadav who fell down. Siban Yadav also shot the arrow to Siyaram on account of which he sustained injury and the arrow blown by Kusmi Yadav, Laxmi Yadav sustained injury. Gosain Yadav and Kusmi Yadav also aimed at Siyaram Yadav. Perceiving to danger to their lives they rushed therefrom and went to the place of Mukhiyaji and informed him accordingly, who came to the place of occurrence along with Kusheshwar Yadav, Sitaram Yadav and others, till then, the accused persons had gone out from the field after cutting paddy crop of an area of 3 -4 Katthas. The deceased along with injured who were lying near the place of occurrence were lifted Marawna Hospital but as no doctor was present there, therefore, injured Siyaram Yadav and Laxmi Yadav were carried to Laheria Sarai Hospital. He was also informed that the O/C had come to Supaul, hence he has come along 5 with dead body of deceased Sahdeo Yadav. It has further been asserted that the land under dispute belongs to them having their exclusive possession. The accused persons have got no title or interest therein.
(3.) WHILE the Fardbeyan of PW -14 was sent to P.S. for registration of the case, side by side investigation was taken up and after concluding the same charge -sheet was submitted against the accused persons whereupon they were put up for trial which ultimately concluded in a manner subject matter to instant appeals.