SIYARANI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Siyaram Yadav has been convicted for the offence punishable under Section 302, I.P.C. and sentenced to imprisonment for life

(2.) Prosecution case, in brief, is that on 3rd June, 1976, at about 2 P M. Informant Rameshwar Yadav and his maternal uncle Bhikhan Yadav were irrigating informant's land situated in village Amupatti, P. S. Sadar, District Darbhanga, through a Damkal (Pumping set) installed in the river flowing to the south of his house. The water was passing through parti land of appellant Siyaram Yadav. At that time, appellant Siyaram Yadav and Sitar am Yadav, Channi Yadav and Ram Narain Yadav who were on litigating terms with the informant from before, arrived there Siyaram was armed with a Bhala while the three others had lathies. Siyaram protested against flow of water through his land. Bhikar Yadav told him that it was causing no damage to him. It led to latercatlon and exchange of abuses. In the meantime, Siyaram inflicted a Bhala blow on the abdomen of Bhikar Yadav who fell down unconscious. The alarm raised attracted Ramsonder Yadav (P. W. 3), Jumrati Mian, Ghutak Musbar and others who witnessed the occurrence. Injured Bhikar Yadav was removed to Darbhanga Medical College Hospital where fardbeyan of Rameshwar Yadav was recorded on 4th June, 1976, at about 1.30 P. M Later on, Bhikar Yadav succumbed to his Injury.

(3.) Police registered a case, conducted investigation and submitted charge-sheet against the appellant and his three companions. In due course, the four were put on trial for the offence punishable under Section 302 read with Section 34, I.P.C Appellant Siyaram Yadav was further charged under Section 302, I.P.C. On a consideration of the materials on record the learned Addl. Sessions Judge acquitted Chanin Yadav, Sitaram Yadav and Ram Narain Yadav. But he convicted and sentenced appellant Siyaram Yadav, as above.