MUKUND YADAV Vs. STATE

JUDGEMENT

(1.) BOTH the appeals arise out of the common judgment and order passed on 26th February/2nd March, 2001 in Sessions Case No. 118/98 by the then learned Additional Sessions Judge -Ill, Munger, so they were heard together and are being disposed of by this judgment.

(2.) ALL the three appellants have been indicted for the offence under Sections 302 /34 of the Indian Penal Code. and imposed with punishment of life imprisonment. The appellant, Mukund Yadav, has further been indicted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and imposed with punishment of 7 years R.I. and three years respectively. The substantive sentences imposed upon the appellant, Mukund Yadav, however, have been ordered to run concurrently. All the three appellants are the sons of the accused, Sridhar Yadav (since dead).

(3.) ON the same day, i.e. 2.5.1997, at 9.15 hours, the A.S.I., P.N. Singh of East Colony Police Station recorded the fardbeyan (Ext. No. 3) of the informant, Sahdeo Yadav, at Bed No. 14 in the Surgical Ward of Railway Hospital Jamalpur. The fardbeyan of the informant was forwarded to the O.C., Dharhara Police Station for the institution of a case as the P.O. was lying within the jurisdiction of that police station. On the basis of his fardbeyan a formal FIR (Ext. No. 4) was drawn up and Dharhara P.S. Case No. 38 of 1997 dated 2.5.1997 was registered under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act against the four accused persons, namely, Mukund Yadav, Pramod Yadav, Ramdhari Yadav and Sridhar yadav. On the completion of the investigation police chargesheeted all the three accused -appellants to stand trial under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act after keeping investigation pending against the co -accused, Sridhar Yadav, Sridhar Yadav could not be apprehended and during investigation he died and accordingly supplementary case diary was submitted against him. After cognizance of the offence and commitment of the case all the three accused were put on trial which ended in their conviction in the aforesaid manner.