JAMUNA YADAV @ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant in Cr.Appeal No.138 of 1991 i.e., Jamuna Yadav @ Singh and Joga Muni Yadav @ Singh have been convicted under Sections 302/109 IPC and sentenced to undergo R.I. for life whereas appellants in Cr.Appeal No.149 of 1991 Ugni Devi and Deo Barat Singh Yadav have been convicted under Section 302 IPC and sentenced to undergo R.I. for life.

(2.) THE prosecution case is that on 12.01.1982 at about 1 P.M. while the informant was washing clothes on a well he heard sound of his father that the accused persons were cutting the bamboo clumps to which he was protesting. On the protest of his father, the accused Jamuna Yadav and Joga Muni Yadav @ Singh exhorted the rest of the accused persons to assault him at which Appellants Ugni Devi and Deo Barat Singh Yadav are alleged to have assaulted him with bhala on various pars of his body on account of which he died. The first information report was instituted on the same day at 3.30 P.M. at the police station by the informant Rama Nand Singh (P.W.5), son of the deceased. During trial, the prosecution examined nine witnesses, relevant portion of which are being discussed for convenience hereinafter.

(3.) P .W.3 Keshwar Singh, P.W.4 Bansropan Muni and P.W.6 Vijay Narain Roy also examined as P.W.8 are formal witnesses who have proved Seizure List, Inquest Report and Post Mortem Examination Report as well as Case Diary respectively.