SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These appeals are filed under Sec. -374 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), against the impugned judgment and order dtd. 5/9/2018 rendered by the learned Additional Sessions Judge, Rosera, Samastipur in Sessions Trial No.608 of 2012, (arising out of Bithan P.S. Case No.46 of 2012), whereby the learned Trial Court has convicted the appellants/accused for the offences punishable under Sec. s-302 read with 149, 148 and 323 of the Indian Penal Code and the appellants/accused are sentenced to suffer rigorous imprisonment for life and fine of Rs.10,000.00for the offences punishable under Sec. s- 302/149 of the Indian Penal Code and in default of payment of fine, rigorous imprisonment for additional six months each and simple imprisonment for two years for the offence punishable under Sec. -148 of the Indian Penal Code. The sentences were ordered to run concurrently.

(2.) The prosecution story, in brief, is as under:

(3.) The complainant Dilip Yadav filed the F.I.R. against the present appellants/accused and other in which he has mainly alleged that on the date of incident i.e. on 6/6/2012, at about 02:30 p.m., when he was cultivating his agricultural field with his younger brother Suleten Yadav (deceased), all the accused named in the F.I.R. came with deadly weapons and made assaults on his brother Suleten Yadav. It is alleged that Jagdeo Yadav was carrying a spade in his hand and he gave blow on the head of Suleten Yadav, whereas Shankar Yadav gave stick blows. It is also alleged that accused Devendra Yadav used spear and gave blow with the said weapon whereas accused Santosh Yadav was carrying an Iron-rod and gave blows with the same to the deceased. The other accused also used the weapons which they were carrying. At that time, wife of the complainant Rukmini Devi, one Baleshwar Yadav Punit Yadav and others also saw the incident. The other village people also came at the place of incident and, therefore, all the accused fled away from the spot. The injured Suleten Yadav was initially brought to the Government Hospital at Hasanpur where primary treatment was given to him. Thereafter, for better treatment, he was referred to the hospital at Samastipur. However, before they reached to the hospital at Samastipur, the brother of the complainant, namely Suleten Yadav died.