PREMLAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The ten appellants, comprising the array of the two appeals presently in our hand, were put on trial by the learned 5th Additional Sessions Judge, Begusarai by being charged under Sections 302/34 (as in the case of eight appellants of one appeal) as also under Sections 201 I.P.C. By judgment dated 30.09.1992 delivered in Sessions Case No.210 of 1988, the learned trial Judge convicted the eight appellants of Cr. Appeal (DB) No.437 of 1992 under Sections 302/34 and 201 I.P.C., while the two appellants of the other appeal were convicted under Sections 302 of I.P.C. as also under Section 201 I.P.C. The appellants were heard under Section 235 Cr.P.C. on 1.10.1992 and each of the ten appellants was directed to suffer rigorous imprisonment for life under Sections 302/34 or 302 I.P.C. as also rigorous imprisonment for five years under Section 201 I.P.C. The sentences passed upon all the appellants were directed to run concurrently.

(2.) The appellants are before this Court through two appeals to challenge the correctness of the finding in respect of their guilt as also the appropriateness of the sentences passed upon them.

(3.) Jai Singh Yadav, the deceased of the case, happened to be the uncle of the informant Vijendra Yadav (P.W.11). It was stated by P.W.11 Vijendra Yadav that at about 8:00 P.M. on 22.03.1988, he was asked by his uncle, deceased Jai Singh Yadav, to accompany him up to dera with the dinner which was to be taken there. Dera is an out house in a village which is generally located away from the rural habitat of the people of a village and which is generally used for housing cattle as also as a place of retirement of men-folk of the family. The informant stated that he accompanied his uncle and when he was very much in the village moving on the road, four appellants, namely, Triveni Yadav, Munnilal Yadav, Sakaldev Yadav and Bauku Yadav who had hidden themselves emerged from their hiding pounced upon the deceased and caught him. Appellants Jitan Yadav and Prakash Yadav also joined them and each of the two, i.e, Jitan Yadav and Prakash Yadav, fired two shots each to kill the deceased. It was a melee which attracted the villagers, like, Kapildeo Yadav (P.W.2), Jaijairam Yadav @ Jajo (P.W.6), Deoki Yadav (P.W.1), Yogeshwar Yadav (P.W.5) and many more villagers in presence of whom the above-named six accused persons along with other appellants, like, Param Lal Yadav, Ganeshi Yadav, Nageshwar Yadav and Shital Yadav started dragging the dead body towards south. The villagers, as also the informant, objected to the act of taking away the dead body, but the appellants were not to pay any heed to their objections and instead threatened the villagers and the witnesses of being shot dead and indeed fired shots blank so as to scaring them away. The informant stated that the shots pushed them back so as to retreating from there.