RAM BILAS YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) JAGESHWAR @ Jago Yadav @ Jageshwar Yadav was one of the two co-appellants of this Cr.Appeal No. 347 of 1990(DB). It was reported at bar on 03.09.2012 that Jageshwar @ Jago Yadav @ Jageshwar Yadav son of Garbhu Yadav has died. To ascertain this, a report was called for from the Superintendent of Police, Banka who reported that Jageshwar @ Jago Yadav @ Jageshwar Yadav has died in the year 1998 and thus by order dated 27.11.2012, the appeal filed on behalf of the appellant Jageshwar @ Jago Yadav @ Jageshwar Yadav has abated. Now Ram Bilas Yadav is the sole appellant in this appeal.

(2.) THE judgment under challenge has been passed by Additional Sessions Judge, Banka on 19th July, 1990 in Sessions Trial No. 23 of 1990/467 of 1990 convicting the appellant under Section 302/34 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(3.) THE law set in motion on the basis of fardbeya (Ext.2) given by Chaukidar Md.Hafiz (P.W.9) on 12.05.1989 at 8.15 A.M. before the Officer-in-charge, Shiv Das Singh (not examined) of Fullidumar Police Station. The Chaukidar stated in the fardbeyan that he received information by Umesh Chandra Yadav (P.W.4, a formal witness) and Rajendra Yadav (P.W.7, tendered by the prosecution) that preceding 4.00 A.M. Nandika Devi, daughter of Jago Yadav, sister of Ram Bilas Yadav, aged 20 years has burnt herself to death. She was married earlier to Pratap Roy (not examined). She was to go her in- law's house on next Sunday or Monday. She was not willing to go to her in-law's house but her parents and other family members including her brothers Ram Bilas Yadav (appellant), Bundeli Yadav (acquitted), Ravindra Yadav (acquitted) and Ashok Yadav were forcing her to go to her in- law's house. Being aggrieved, she preferred to burn herself and her dead body in burn condition was found in southern room of courtyard. Villagers Jagdish Yadav (P.W.3, a hostile witness), Ganesh Yadav (P.W.2, a hostile witness), Kaushal Kishore Yadav (P.W.1, a hostile witness) have affirmed that she has died as she was persuaded to go to her in-laws house. The said fardbeyan resulted into Amarpur P.S.Case No. 92 of l989 for offence under Section 306 of the Indian Penal Code. Thereafter formal F.I.R. (Ext.2/1) was prepared and investigation commenced. The inquest report (Ext.5) was prepared. The Investigating Officer prayed to the Court for converting Section 306 of the Indian Penal Code into Section 302 of the Indian Penal Code and the court permitted to do so on 23.06.1989. The post mortem report (Ext.4) was prepared and statements of the witnesses under Section 161 of the Code of Criminal Procedure was recorded and after completion of investigation, chargesheet was submitted. Cognizance was taken and the case was committed to the court of sessions where charges 302/34 and 201 of the Indian Penal Code were explained to the accused persons namely, Jageshwar alias Jago Yadav alias Jageshwar Yadav (died in course of appeal), Ram Bilas Yadav (appellant), Bundeli Yadav (since acquitted) and Rabindra Yadav (since acquitted) who pleaded innocence. Hence trial proceeded.