RAJDEO YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - Appellants Rajdeo Yadav, Lakhan Yadav, Sheo Dahin Yadav, Jugeshwar Yadav, Ram Chandra Yadav and Sohrai Yadav have challenged the judgment dated 28th of Aug., 1990 passed by the learned 4th Additional Sessions Judge, Gaya in Sessions Trial No. 100 of 1989/218 of 1980, whereby the appellant Rajdeo Yadav was found guilty under Sec. 302 of the Penal Code and rest of the appellants were found guilty under Sec. 302/149 of the Indian Penal Code. Rajdeo Yadav, Sohrai Yadav and Ramchandra Yadav were additionally found guilty under Sec. 148 of the Penal Code and Lakhan Yadav and Jugeshwar Yadav were found guilty for the charge under Sec. 147 of the IPC. The sentences under Sec. 302, 302/149 of the Penal Code was for undergoing R.I. for life but no separate sentence was awarded for committing offence under Sections 148 and 147 of the Indian Penal Code.

(2.) Allegations relates to the night of 22/23.05.1979. At the relevant time Chamru Yadav P.W. 8, the informant was sleeping along with his uncle Kuldeep Yadav P.W. 3. Father of Chamru Yadav namely Dudhnath Yadav (the deceased) was sleeping on a cot. Dog barking disturbed their sleeping. In the meanwhile, Chamru Yadav P.W. 8 noticed that the accused persons were approaching towards them. The accused persons were armed with weapons. It has been claimed that Rajdeo Yadav was having a country made pistol, Sohrai Yadav and Ram Chandra Yadav were having Garasa and Bhala respectively and Lakhan Yadav and Sheo Dahin Yadav were having torch and Jugeshwar Yadav was having a Lathi. Ram Chandra Yadav and Sheo Dahin Yadav shouted for catching so that the victim could not escape. The informant Chamru Yadav thereafter awakened his father but in the meanwhile the accused persons came very near. Ram Chandra Yadav asked as to why he was deposing against them in the court. Sohrai Yadav caught both legs of the informant's father. Jugeshwar Yadav caught hold hands of the informant's father and Rajdeo Yadav fired at the informant's father which caused injury near the right ear. The impact of the injury proved fatal. After raising alarm by the informant and his uncle, villagers Chandradeep Yadav P.W. 2, Nanhak Yadav P.W. 7 and others came and saw the informant's father dead. It has been alleged that the informant and his family members were having animosity resulting into serious litigations in the court. On 30.05.1979, the informant's father had to depose in the court and that was the immediate provocation. Fardbeyan was witnessed by Keshvar Prasad (not examined). Formal FIR (Ext. 1), fardbeyan was recorded as Karpi P.S. Case No. 5 of 1979 under Sec. 302 of the Indian Penal Code.

(3.) The I.O. came and prepared the inquest report (Ext. 5), Post-mortem report (Ext. 4) was obtained from the hospital. The statement of the witnesses was taken and after investigation charge sheet was submitted. The charges divulged commission of a cognizable offence triable by the court of sessions so after completing paraphernalia and supply of police papers the case was committed to the court of sessions where charges were framed against the accused persons.