SUKHI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the sole appellant being aggrieved by and dissatisfied with the judgment of conviction and order of sentence dated 23.04.1991 passed by the Ist Additional Sessions Judge, Darbhanga in Sessions Trial No. 211 of 1989/11 of 1989.

(2.) It may be noted here that the appellant was charged under section 302, read with section 34 of the Indian Penal Code (for short 'I.P.C.'). Upon investigation, Police submitted charge-sheet against the appellant Saukhi Yadav and one Bhogi Yadav showing the latter as an absconder. He remained an absconder and we are informed that even till today he is an absconder. That is why charge under section 34 of the I.P.C.

(3.) The prosecution case is based upon the fardbeyan of one Biltu Yadav (P.W.6) as recorded at Keoti Police Station, Sadar, District Darbhanga at 6.30 am in relation to the alleged murder of Muneshwar Yadav, the uncle of the informant. The fardbeyan alleges that in the early hours at about 4.30 am on 21.05.1988, the informant and his uncle-Muneshwar Yadav left their village for going to Madhubani court to make necessary pairwi in a case on that day. When they were about half a kilometer outside the village, suddenly the appellant and Bhogi Yadav, both armed with farsa, appeared and attacked upon them. Bhogi Yadav chased his uncle Muneshwar Yadav for some distance while the informant was being chased by the appellant, as a result of which, Muneshwar Yadav fell down, whereupon Bhogi Yadav allegedly first assaulted him by the farsa on his head, followed by an assault on his left forearm and then on the left leg below knee. Seeing this, the appellant stopped chasing the informant, turned back, went near his uncle and assaulted twice on his right leg below the knee by farsa. On hearing hulla and shouts raised by the informant, P.W. 1 Ram Dayalu Yadav, PW.2 Ram Briksha Yadav, P.W. 3 Saryug Yadav, P.W. 4 Ramashish Yadav and P.W.5 Rudal Yadav came running from the village and saw the incident including the accused persons running away. They then put the victim-Muneshwar Yadav on a cot and carried him to State Dispensary at Keoti, but the Doctor issued a paper and seeing the grievous nature of the injury referred him to Darbhanga Medical College Hospital (for short 'D.M.C.H.') for treatment. Soon thereafter the victim Muneshwar Yadav succumbed to the injuries and his dead body was then taken to the Police Station, where the fardbeyan was recorded. Motive behind the incident is said to be the litigations amongst the two parties including the case in which they were going to Madhubani court for doing pairwi on the day of the occurrence.