RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appeals arise out of the order of conviction and sentence respectively dated 9.08.2000 and 10.08.2000 of the 1st Additional Sessions Judge, Bhagalpur passed in Sessions Trial No. 556 of 1991 whereby the four appellants have been convicted u/s. 302 read with Sec. 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) THE F.I.R. of the case was recorded by S.I. P.C. Ram (P.W. 8) of Jagdishpur Police Station on 22.09.1989 at 9:30 P.M. on the statement of informant Shiv Pujan Bhagat (P.W. 6), the son of deceased Saryu Bhagat at the place of occurrence situated on the pitch road in village Nima. The prosecution story, as set out in the fard -beyan, is that, that day (22.9.1989) at 5:15 P.M., he (the informant) alongwith his father (the deceased) was going to his house from Jamuni Morh on a rickshaw. As soon as the rickshaw reached near a mango tree situated north of village Mima, the appellants (1) Ajablal Yadav, (2) Rajendra Yadav, (3) Devendra Yadav and (4) Ganesh Yadav, seeing the informant and his father (the deceased) stopped the rickshaw and abusively told them that they were always litigating with them (appellants), hence, they had to be finished. Then appellant Rajendra Yadav pulled the deceased out from the rickshaw. Thereafter, all the four appellants thrashed the deceased down on the ground and crushed the head of the deceased. When the informant prohibited the appellants, they threatened him with the same consequence, hence, out of fear, he did not make any protest and remained standing there. In the mean time, informant 'sbrother Banarasi Prasad (P.W. 4), Arjun Prasad and Mahesh Bhagat (both not examined) as well as several passersby assembled there and protested at which the appellants fled away towards their houses through field. As a result of assault, the deceased died there. The informant stated that several litigations were going on between the deceased and the appellants and on the previous day, i.e. 21st September 1989, appellant Ajablal had threatened the deceased to withdraw the case, else he would be finished and that getting a chance, the appellants killed the deceased. On the basis of the fard -beyan, F.I.R. was recorded at the Police Station. Investigation commenced and on completion of the investigation, charge -sheet was submitted and the appellants were put on trial and they have been convicted and sentenced, as above.

(3.) BEFORE discussing the ocular evidence, it is proper to discuss the medical evidence and the evidence of the I.O. first. The doctor (P.W. 7) who conducted the P.M. Examination on the dead body of the deceased Saryu Bhagat, deposed that on 23rd September 1989 at 11:30 A.M., he conducted the P.M. Examination and found the following Injuries on the person of the deceased: '' i) Multiple lacerated wounds of varried size on head right side from temple to occipital and parietal eminence to right ear in the area of 8.1/4" x 5.1/2" x brain matter. Skull bone had depressed fracture on right temple; Brain matter was lacerated and clot present; upper half of right ear absent and margin was lacerated. ii) Three lacerated wounds (incised looking) on left side head.... two on vault and one on temple, a little of bleeding signs......each 3"x1/2" x bone. The doctor opined that injury no. (i) was ante mortem in nature and injury no. (ii) was peri mortem. The injuries were caused by hardblunt substance. The cause of death was shock and haemorrhage. Time elapsed since death was 24 hours + 3 hours. The carbon copy of the P.M. Report was proved by the doctor and it was marked Ext -4. In his cross -examination, at Para -10 the doctor deposed that in stomach, he found undigested fried type Chura and others with fluid ' having alcoholic smell ''total quantity 1.1/2 pound. He further deposed at Para -13 that he had not found any injury on the front side of the head of the deceased.