RAMAUTAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the judgment and order dated 15th of March, 2000 passed in Sessions Trial No. 249 of 1998 by the then learned Additional Sessions Judge -IV, Nalanda at Biharsharif, so they were heard together and are being disposed of by this common judgment.

(2.) THE appellant, Mishri Gope alias Mishri Yadav in Criminal Appeal No. 202 of 2000 has been convicted under Section 302 of the Indian Penal Code and sentenced to R.I. for life. The appellant, Ramautar Yadav @ Bedku Gope, in Criminal Appeal No. 134 of 2000 has been convicted under Section 307 of the Indian Penal Code and sentenced to R.I. for 10 years. Both the appellants have further been convicted and sentenced to R.I. for three years each under Section 27 of the Arms Act. The sentences awarded to the appellants, have been, however, ordered to run concurrently.

(3.) ON the same day, i.e. 25.3.1997 at 7.30 p.m., Md. Farooque, S.I. of Giriak Police Station recorded the fardbeyan of the informant, Rameshwar Prasad @ Ramnandan Prasad, son of Late Ramdhani Prasad of Village -Giriak Ghora Katora, P.S. -Giriak, District -Nalanda in Government Hospital, Giriak. On the basis of his fardbeyan (Ext. 3) a formal FIR (Ext. 4) was drawn up and a case was registered under Sections 307, 147, 148, 149, 337 and 324 of the Indian Penal Code and Section 27 of the Arms Act, against 15 accused persons, namely, 1. Mishri Yadav, 2. Ramawatar Yadav, 3. Hari Yadav, 4. Pallu Yadav, 5. Ramsaran Yadav, 6. Suresh Yadav, 7. Shahdeo Yadav, 8. Shiv Balak Yadav, 9. Bali Yadav, 10. Chandradip Yadav, 11. Raj Kumar Yadav, 12. Ajay Yadav, 13. Chandar Yadav, 14. Nandi Yadav and 15. Mithilesh Yadav. The injured, Bisheshwar Yadav, died in course of his treatment in P.M.C.H., Patna and thereafter Section 302, IPC. was added in this case vide order dated 29.3.1997. Police switched over to the investigation. On completion of investigation, police submitted charge -sheet against all the FIR named 15 accused persons under the aforesaid sections. The investigation was kept pending against two co -accused, Ajay Yadav and Ramashish Yadav. Accordingly, cognizance of the offence was taken against 15 accused persons and the case of the said two accused was separated vide order dated 20.12.1997. Out of the fifteen accused persons, thirteen accused persons were absconding, so, their case was separated from the case of the accused Mishri Yadav and Ramawatar Yadav vide order dated 13.4.1998. The case of both the accused Mishri Yadav and Ramawatar Yadav was committed to the Court of Sessions on 27.4.1998, they were tried and convicted in the aforesaid manner.