NAGESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against judgment and order dated 27/3/2000, passed by the 1st Additional Sessions Judge, Khagaria in Sessions Case No. 84 of 1996 whereby appellants Bhauku Yadav and Shital Yadav have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They have also been convicted under Section 302/149 of the Indian Penal Code, but no separate sentence was awarded appellants Nageshwar Yadav, Bhumi Yadav, and Han Yadav have been convicted under Sections 302/149 of the Indian Penal Code and sentenced to imprisonment for life. All five appellants have further been convicted under Section 148 of the Indian Penal Code and sentenced to undergo R.I. for two years. Appellants Nageshwar Yadav and Bhumi Yadav have been convicted under Section 379 of the Indian Penal Code also and have been sentenced for one year.

(2.) The case of the prosecution is that on 17.5.1995 at 6 a.m. Jhaksu Yadav and his brother Harvallav Yadav had gone to their field for plucking Parval, Jitan Yadav armed with Semi-rifle. Bhauku Yadav, Shital Yadav, Nageshwar Yadav, Bhumi Yadav and Han Yadav armed with country made gun and pistol came there and demanded one bag of Parwal as Rangdari Tax. Harvallav Yadav refused to yield to the demand on which Nageshwar Yadav ordered to kill Harvallav Yadav and throw him in the river. Jitan Yadav fired at Harvallav Yadav, which hit on the right thigh of Harvallav Yadav, Bhauku Yadav fired from his country made gun which hit below the knee of Harvallav Yadav, Shital Yadav opened fire which hit at upper part of the knee joint of the right leg of Harvallav Yadav, Harvallav Yadav fell on the ground. Jhaksu wanted to flee away from the place of occurrence. Bhumi Yadav, Nageshwar Yadav and Han Yadav fired at Jhaksu but it did not hit him due to distance. Pramod Yadav, Palat Yadav, Munilal Yadav came there on hearing the sound of firing and witnessed the occurrence. On seeing the witnesses all the accused persons fled away. Further it has been stated that while decamping Bhumi Yadav took away one bag of Parval and Nageshwar Yadav took away wrist watch from the hand of Harvallav Yadav, Harvallav was brought to Khagaria Hospital on a cot but the doctor refused to treat him as such he was taken to Begusarai Hospital for treatment. Harvallav Yadav died at Begusarai Hospital in course of his treatment.

(3.) On the basis of the fardbeyan of Jhaksu Yadav recorded at Begusarai Hospital on 17-5- 1995 at 4 p.m. Khagaria P.S. Case No. 129 of 1995 was registered against six named accused persons. Investigation was taken up of ASI Lallan Singh, who inspected the place of occurrence, prepared inquest report in presence of Krishnadeo Yadav and Pramod Yadav, sent the body for post-mortem and recorded statement of witnesses. After completing investigation he submitted charge-sheet and after cognizance the appellants were put on trial. At the end of the trial the trial Court convicted and sentenced the appellants as indicated at the outset.