JAI KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Jai Kishore Yadav of Criminal Appeal (DB) No.105 of 1991 has been convicted under Sec. 302 I.P.C. and sentenced to R.I. for life as also under Sec. 148 I.P.C. and sentenced to R.I. for six months. Appellants Shibu alias Shib Charan Yadav, Sarbin Yadav, Joginder Yadav and Arbind Yadav of Criminal Appeal (DB) No.114 of 1991 have been convicted under Sec. 326 I.P.C. and sentenced to R.I. for two years, Appellants Shibu alias Shib Charan Yadav, Joginder Yadav and Arbind Yaav have been convicted under Sec. 148 I.P.C. and Appellant Sarbin Yadav has been convicted under Sec. 147 I.P.C. and sentenced to R.I. for six months under each count by a judgment dated 8.2.1991 passed by the Additional Sessions Judge XI, Munger in Sessions Trial No.79 of 1983.

(2.) The case of the prosecution according to P.W.6 Prakash Yadav is that on 13.6.1982 at about 8:30 A.M. he saw the Appellant Shibu alias Sheo Charan Yadav cutting his Pusta, at which he protested but he continued to do so. Just then the deceased Balmiki Yadav arrived and attempted to stop the accused persons from demolishing the Pusta as it would damage their wall during rainy season. Enraged at this, Jai Kishore Yadav asked all the accused persons to come with arms and finish the entire family. He then proceeded to assault the deceased Balmiki Yadav with a bhala on account of which he fell down and died. The rest of the accused persons also assaulted the Informant.

(3.) The defence of the Appellants was that a cattle shed belonging to them was attempted to be captured by the prosecution party, at which a fight ensued. In this course Damodar Prasad, brother of Appellant Jai Kishore Yadav, Sarbin Yadav, Yoginder Yadav, Arbind Yadav and son of Appellant Shibu Yadav attempted to stop them, but instead they got enraged and started to assault him with bhala and farsa. He then fell down and the deceased Balmiki Yadav gave bhala blows and attempted to pierce a bhala blow on him. Just then Mangroo Yadav, his uncle D.W.3, arrived there and extricated the bhala from his hand and instead assaulted the deceased Balmiki Yadav. A counter case was instituted which was proved as Exhibit-A by the Investigating Officer.