SANTLAL YADAV Vs. STATE

JUDGEMENT

(1.) TO appreciate contentions raised, factual matrix, which are not in much details, can be noticed with brevity. As rain water had accumulated in courtyard of Kamleshwari Yadav, Vivekanand Yadav, deceased, was digging channel for outlet of the accumulated water. Allegedly, appellants along with Bimla Devi, resisted Vivekanand Yadav, pursuant to which a wordy duel ensued between them. Bimla Devi, it was alleged, brought a pistol from her house and supplied the same to Chandradip Yadav, pursuant to which on exhortation made by both Bimla Devi and Santlal Yadav, Chandradip Yadav, fired shots on Vivekanand Yadav and in his bid to escape, he suffered another shot in his abdomen when Chandradip Yadav fired shots. Injured Vivekanand Yadav dropped injured near the shop of Mahendra Sao. As he was critical, he was carried to Primary Health Centre, Dharhara, from where he was referred to Munger hospital. It was alleged that while Vivekanand Yadav was being carried to Munger hospital, he succumbed to injuries in the midway. However, he was taken to Munger hospital, where he was declared dead by the doctor.

(2.) THOUGH prosecution was launched against three persons including the appellants, only appellants were put on trial. Police Officer during investigation, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure, visited place of occurrence, seized blood stained earth from the place of occurrence, secured autopsy report and on conclusion of investigation, laid charge -sheet before the Court. In the eventual trial that followed, State examined altogether seven witnesses and though the appellants had not outnumbered the State, they too examined six witnesses at trial, ostensibly to counter accusations attributed to the appellants. Defence of the appellants both before the Court below and this Court had been that of innocence and they ascribed their false implication. Explicit defence of the appellants was that when Vivekanand Yadav was digging, channel in front of house of Chandradip Yadav for drainage of water, Chandradip Yadav had registered protest and when Vivkanand Yadav, deceased, wanted to assault him, Chandradip Yadav had made good his escape, and in process of chase when Kamleshwari Yadav fired shots on Chandradip Yadav, aim was lost and it is how that Vivekanand Yadav sustained firearm injuries on his person. Trial Court, however, on appreciation of probative value of testimony of witnesses, while rejecting plea of innocence of the appellants, recorded finding of guilt under Section 302 of the Indian Penal Code (IPC), simpliciter against Chandradip Yadav, Santlal Yadav too suffered conviction under Sections 302/149 IPC, and both the appellants were sentenced to suffer rigorous imprisonment for life.

(3.) THOSE who claimed to have witnessed killing of Vivekanand Yadav, happen to be Ashok Yadav (PW 1), Sunil Kumar (PW 2), Sudhansu Yadav (PW 3] and Kamleshwari Yadav (PW 6). Reiterating his earliest version which he rendered before the Police, Kamleshwari Yadav (PW 6), who was maker of fardbeyan, states at trial that while Vivekanand Yadav was digging channel to drain accumulated water from his courtyard, appellants registered protest, pursuant to which, on exhortation made by Santlal Yadav and Bimla Devi, Chandradip Yadav took arms from Bimla Devi and fired first shot, which hit right arm of the deceased and in quick succession, when Vivekanand Yadav wanted to escape, other shots were fired on him, which hit abdomen and Vivekanand Yadav shorly on receipt of injury dropped injured near shop of Mahendra Sao. Though he was carried for medical assistance, he had succumbed to the injuries. Narrations with sustained consistencies about Chandradip Yadav having shot dead the deceased on exhortation made by Bimla Devi and Santlal Yadav and firearms having been supplied by said Bimla Devi, were made also by Ashok Yadav (PW 1), Sunil Kumar (PW 2) and Sudhansu Yadav (PW 3), as these witnesses too, in the same veins and terms stated about Chandradip Prasad Yadav, having fired shots on the deceased, when he suffered injuries on the right arm and abdomen. As for genesis of the incident, these witnesses would state that since Vivekanand Yadav was digging channel for drainage of accumulated water from the courtyard, protests were registered by the appellants, pursuant to which after wordy duel ensued between them, Chandradip Yadav on supply of firearms by Bimla Devi, shot dead the deceased.