BASUDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS in both the appeals have been convicted by judgment and order dated 2.6.2001/12. 6.2001, passed by the Sessions Judge, Saharsa in Sessions Trial No. 105 of 1988. Appellants Dahu Yadav, Lelahu Yadav and Bouku Yadav have been convicted u/s. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. These three appellants have further been convicted u/s. 201 of the Indian Penal Code alongwith appellants Basudeo Yadav, Piro alias Priyabrat. Yadav, Kusumlal Yadav, Janardan Yadav and Ramdeo Yadav u/s. 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

(2.) THE informant Magan Yadav gave his statement before the Officer -in -charge of Saur Bajar Police Station on 10.10.1987 at 5.30 P.M. to the effect that Ghurni Devi daughter of Pulkit Yadav was married to Sajjan Yadav eight years back and she had also given birth to a male child aged about 4 years. Ghurni had come to her "Naihar" and she returned to her Sasural on 8.10.1987 at about 2 P.M. and reached there on the same day at 7 P.M. On 10.10.1987 at about 2 P.M. he got this information that his niece Ghurni Devi has been done to death by her husband and other family members. To verify this information he along with his brother Pulkit Yadav went to village Khajuri and reached there at 4 P.M. The informant and his brother saw that his son -in -law Sajjan Yadav was wearing Utri in his neck. They enquired from him the reason for wearing Utri on which he started weeping. Before he could have disclosed anything his pattidar Bouku Yadav and 4 -5 other persons came there and forcibly took him from there. They did not allow Sajan Yadav to talk with them. After the informant and his brother enquired from the villagers they came to know that in the mid night of 8/9.10.1987 Sajan Yadav, Dahu Yadav, Piro Yadav, Lelhu Yadav, Baso Yadav, Kusum Lal Yadav, Janardan Yadav, Ramdeo Yadav, Kailu Yadav have cremated the dead body of deceased Ghurni Devi on eastern side of village in the same night. It was also disclosed that the accused persons conspiring with each other have strangulated the niece of the informant to death and cremated her dead body in the same night. The motive for the alleged occurrence as disclosed in the fard beyan is that some person in the house of Bouku Yadav is suffering from leprosy due to which the deceased did not like to maintain any connection with them and if any one approached to negotiate any marriage in that family she used to restrain them from negotiating the marriage. There had been altercation in this regard on earlier occasion and this was the reason that she was strangulated to death by them and cremated so that no one could know about the killing of the deceased Ghurni Devi.

(3.) THE prosecution examined nine witnesses in order to prove its case. P.W. 1 Harinarayan Yadav was declared hostile. P.W. 2 Brahmdeo Yadav and P.W. 4 Jagdish Yadav were tendered, P.W. 3 Vidyanand Yadav, P.W. 5 Umesh Yadav claimed themselves to be the eye witness and supported the case of prosecution. P.W. 6 Suresh Yadav was also examined as an eye witness who witnessed the cremation of the dead body. P.W. 7 Mangan Yadav is hearsay witness who is informant of the case and uncle of the deceased Ghurni Devi. P.W. 8 Pulkit Yadav is the father of the deceased and he is also a hearsay witness. P.W. 9 Yogendra Yadav is a formal witness who is constable in home guard and proved the F.I.R. Ext. 1. The defence also examined four witnesses. They are D.W. 1 Kishun Yadav, who was examined on the point of enmity with accused and the eye witness. D.W. 2 Upendra Yadav was examined on the point that the informant and others were informed by him about the death of the deceased. D.W. 3 Maheshwar Yadav is also a witness on the point of enmity and P.W. 4 Ram Bilash Singh proved the part of the case diary as I.O. of the case was not examined. P.W. 2 and P.W. 4 who are tendered witness they have not supported the case of the prosecution in their evidence. They did not corroborate the motive as alleged in the F.I.R. P.W. 2 rather came out with a different story for occurrence. He stated that the relationship of the accused appellants with the deceased was cordial. He never witnessed any dispute in between the deceased and the accused persons. The dead body of the deceased was cremated at the place where usually the dead bodies of the family of the informant used to be cremated and also that the cremation took place in the morning as the deceased died due to severe pain in the stomach. P.W. 2 also stated that the accused persons have been implicated because the accused and the informant 'sfamily intended to purchase some piece of land in which the informant 'sside did not succeed in purchasing the land. Informant and witnesses were nurshing grudge against the accused persons as they were under this impression that it was Sukhdeo due to whom they could not purchase the land. P.W. 4 in his evidence stated that for 10 to 12 years there is groupism in the village, accused persons belong to one group and informant and witnesses of the case belong to another group. He also stated that he had no knowledge about the occurrence. P.W.3 and P.W. 5 are the chance witnesses as well as eye witness. P.W. 3 has stated that in the night of 8/ 9.10.1987 at 12 0 ' clock he along with Umesh P.W. 5 was going for getting their she buffalo conceived. When all of them reached towards western side of the road he heard some sound and proceeded towards the sound. In the flash of torch light he saw that Dadur Yadav, Kulanand Yadav, Sagar Yadav, Lelhu Yadav, Bouku Yadav were strangulating the neck of Ghurni Devi wife of Sajjan Yadav with bamboo stick. He wanted to raise alarm but Dadur Yadav came and threatened him that he should proceed for his work otherwise he will also have the same fate. P.W. 3 and P.W. 5 thereafter proceeded towards the village Baijnathpur alongwith his she buffalo to get her impregnated. While returning from Baijnathpur he saw flames of fire in the east of village. After tiding the she buffalo at his residence he went to inform Suresh Yadav, Sikandar Yadav, Ranjan Yadav and others about the incident. They all come at the place where the fire was burning and saw that Dadur Yadav was sprinkling kerosene oil in the flames and Kulanand Yadav, Sagar Yadav, Dhillo Yadav, Bouku Yadav, Piro Yadav, Baso Yadav, Ramdeo Yadav and Jalal Yadav were burning the dead body of Ghurni Devi in the fire. It has further been stated that the place where the Ghurni Devi was being cremated, Sajjan was not present. Sajjan was not involved in any way with this crime as he was not present in the village on the date of occurrence. In his cross examination he has stated that from a distance of 50 -60 ft or from a distance of 1 1/2 furlong he saw the occurrence. He has said that the torch which was the means of identification, was not produced before the I.O. In the night itself he gave information to the villagers about the occurrence and by morning every one know about the occurrence. He has denied the suggestion that because of group rivalry in the village he has falsely implicated the accused persons. P.W. 5 Umesh Yadav is another eye witness. He also stated that he was going to get the she buffalo conceived at village Baijnathpur. When reached in the west of the village, heard some sound and in the flash of the torch light he along with P.W 3 witnessed that Ghurni Devi was being strangulated by the accused persons. P.W. 3 and P.W. 5 thereafter proceeded for village Baijnathpur. While returning they saw the flames of fire in the east of the village. After tiding the she buffalo he along with Surendra Yadav, Jagdish Yadav went to the place where the fire was burning and saw that the accused persons were cremating the dead body. They were also sprinkling kerosene oil. In the night this news was not disclosed to any one and in the morning it was disclosed to the villagers but by that time every one was knowing about this occurrence. He has stated that from a distance of one furlong he saw the accused persons throttling the neck of the deceased. He said that five persons were throttling the neck of the deceased. He did not raise alarm out of fear and directly returned to his house. He has admitted that there was Sarpanch, Chowkidar in the village, but no one went to inform them and or gave information, at the police station. He also admitted that he did not disclose it before the I.O. that in the torch light he identified the accused persons. He further stated that Sajjan was innocent and he has not committed any offence as his relationship with his wife was cordial. P.W. 6 has stated that at 2 A.M. an alarm was raised in the village and he was also informed by P.W. 3 and P.W. 5 that the wife of Sajjan Yadav has been strangulated and killed by the accused persons and they were cremating the dead body. He went alongwith P.W. 3 and RW. 5 came at that place where the dead body was being cremated. Sajjan was also present there and he was crying. He did not inform at the police station as Ghurni was not related to him. He further stated that he had no enmity with the accused persons. He did not ask the villagers to go to the police station to give information as he had no time. He did not go near the accused persons to restrain them.