MALA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mala Yadav, Somara Yadav, Inderdeo Yadav and Rajiram Yadav, the appellants, stand convicted under Section 307 read with Section 34 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for five years each, Feeling arrived, they have preferred this appeal.

(2.) Mala Yadav and Somara Yadav appellants are brothers inter se. Inderdeo Yadav appellant is the son of Mala Yadav appellant, and Rajiram Yadav appellant that of Somara Yadav appellant. They are residents of Reria, district Rohtas, to which village informant Sakhi Yadav (PW 5) as also Ram Briksha Yadav (PW 1), Ramesh Sing (PW 2), Jhari Yadav. (PW 3) and Mukhdeo Yadav (PW 4) also belong, PW 1 is the son of the informant. The parties are having their adjoining fields at some distance from the abadi of the village. Near those fields is situate that plot, over which a dispute was pending between the parties in August, 1985, and even prior thereto.

(3.) The prosecution version, in brief is that on 10-8-1985 at about 2 p.m., when PW 5, while working in his field happened to pass by the side of the tubewell of the appellants, they had waylaid him, They had caused injuries to PW 5 with their lathis. The occurrence was witnessed by by PWs 1 to 4. After committing the crime, the appellants had disappeared with their weapons. Subsequently PW 5 was removed to State Dispensary, Tilautha, where he was admitted as an indoor patient. The police had arrived in that Dispensary the same day at 5 p.m., and recorded fardbeyan of PW 5. On its basis, the case was registered. After completion of the investigation, the appellants were charge-sheeted.