KANHAIYA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six accused persons, namely, Jeetan Yadav, Kanhaiya Yadav, Ugan Yadav, Chandradeo Yadav, Laxman Yadav and Bithal Yadav, were tried for various charges of the I.P.C. The accused, Kanhaiya Yadav, Laxman Yadav and Bithal Yadav, were further tried for the charges under Section 27 of the Arms Act. In course of trial the accused Laxman Yadav absconded and the rest five accused persons were ultimately convicted under Sections 148/448 I.P.C. The accused, Jeetan Yadav, was released after admonition and rest four accused were sentenced to R.I. for one year on each count.

(2.) This appeal has been preferred by the above named three appellants against the Judgement of conviction passed by the then learned Additional Sessions Judge, Buxar on 28th September 1991 in Sessions Trial No. 85/84.

(3.) The case of the prosecution is that in the intervening night of 25/26th May, 1983, the informant, Rameshwar Yadav, P.W. 6 along with his uncle, Bansropan, P.W. 5, was sleeping at his Darwaja. At about 12 in the night all the F.I.R. named six accused persons armed with gun and bhala appeared there and the accused, Chandradeo Yadav, exhorted to assault them. At this, the accused, Jeetan Yadav, assaulted the informant with Bhala on his head and Kanhaiya Yadav with butt portion of gun causing injury on his both arms. On the outcry of the informant, his uncle Bansropan Yadav and nephew, Fateh Bahadur, rushed to save him. The accused, Chandradeo Yadav, assaulted Bansropan Yadav with Bhala and injured him. The accused, Bithal Yadav and Laxman Yadav, fired their guns at Bansropan Yadav and Fateh Bahadur Yadav as a result of which they sustained pellet injuries. On hulla, F.I.R. named witnesses besides many others arrived there and witnessed the occurrence and thereafter the accused persons fled away from there. The further case of the prosecution is that Jeetan Yadav is the Gotiya of the informant and because of the partition dispute they committed this offence. The informant and other injured were removed to Raghunathpur Hospital for treatment.