SADANAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants have been convicted under Sections 302/34 of the IPC and sentenced to RI for life. Appellant No.1, Sadanand Yadav, has been further convicted under Section 323 IPC and sentenced to six months RI. Both the sentences have been ordered to run concurrently.

(2.) According to the prosecution case, as per fardbeyan of informant, Jai Krishna Yadav (PW 3), on 4.2.1990 at about 3.30 p.m. Satto Das (PW 1) came and informed the informant and his father, Ravi Yadav (deceased) that while Satto was irrigating wheat crops in a field then appellant No. 1, Sadanand Yadav, his brother appellant No.2, Chhedi Yadav and Deo Nandan Yadav (who died during trial) interfered with the irrigation and diverted water of the canal into their own field and when Satto protested he was assaulted with fists and slaps. On this information, the informant along with his father Ravi Yadav went to Kauwakhol Bandh where the wheat field was situated and Ravi Yadav protested against the acts of the accused persons and on such protest, Chhedi Yadav (appellant No. 2) ordered for assault and appellant No.1, Sadanand Yadav gave two blows with back portion of a spade on the head of Ravi Yadav. After Ravi Yadav fell down allegedly Deo Nandan Yadav and appellant No. 2, Chhedi Yadav assaulted with lathi and phatta (bow). Allegedly on hulla people from the neighbourhood arrived which included Khushi Lal Yadav (PW 5), Raj Kishore Yadav (PW 4) and Jagdish Yadav (PW 2). The injured was carried to Kumarkhand Hospital in unconscious state and the fardbeyan was recorded at 23.00 hours on 4.2.1990 while the injured was under treatment. It is further case of the prosecution that the injured was first referred to Madhepura Hospital and from there to Saharsa Hospital where he died at about 3.00 a.m. on 6.2.1990.

(3.) PW 1, Satya Narayan Das @ Satto Das, PW 2, Jagdish Yadav. PW 4, Raj Kishore Yadav and PW 5, Khushi Lal Yadav are named in the FIR as persons who came on hulla and witnessed the assault on the deceased. They have supported the claim of the informant PW 3, Jai Krishna Yadav. PWs 1 and 2 have claimed to be eye-witnesses of both parts of the occurrence consisting of initial assault on Satya Narayan Das @ Satto Das and also of sub-sequent occurrence in which Ravi Yadav was assaulted when he came to the place of occurrence along with his son, the informant and PW 1, Satya Narayan Das. PW 4, PW 5 and PW 6, Rajendra Prasad Yadav have claimed to be witnesses of second part of occurrence. PW 7, Dr. Rajeshwar Prasad Yadav, held the postmortem examination on the body of the deceased on 8.2.1990 at 4.00 p.m. He found altogether 5 external injuries of which injuries No. 1 and 2 - blood clots in both the nostrils and hemorrhage in right eye appear to be effects of the other three injuries which are on the right temple, on the top and on the back of the head. On dissection, the Doctor found 3 internal injuries on the head corresponding to aforesaid 3 external injuries and according to his opinion, death was caused by those 3 external and internal injuries on the head of the deceased and those injuries were sufficient to cause death in ordinary course of business.