ASHOK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) PRESENT appeal has been filed by three convicted appellants against the judgment of conviction, order of sentence dated 06/09 -09 -2008, passed by Additional Sessions Judge -IV, F.T.C., Lakhisarai in Sessions Case No. 776/06, whereunder the three appellants have been convicted for the offence under Section 302/34 of the Penal Code and Section 27 of the Arms Act with direction to suffer imprisonment for life and to pay fine of Rs. 50,000/ - each. No separate sentence has been awarded for conviction under Section 27 of the Arms Act.

(2.) PROSECUTION case, as set out in the fardbeyan of informant Maheshwar Mahto (P.W.1), is that on 19.08.2003 at about 7:00 A.M. informant, his wife Binda Devi and son Praveen Kumar @ Munna (deceased) had gone to the field in the outer area of the village English for weeding grass. Two plots away from the field of the informant Ram Charitra Mahto, another deceased along with his son Santosh Kumar @ Bablu was plucking lady finger (Bhindi) from his plot. Meanwhile the three appellants along with Birju Yadav and one unknown came to the field of the informant. Appellant Ashok Yadav and his brother Ghina Yadav caught hold the son of the informant Praveen Kumar @ Munna from his neck and asked him to come along with them. Birju Yadav, Appellant No. 3 Sikandar Verma and the unknown miscreant pointing pistol took control of Ram Charitra Mahto in the adjoining field and asked him to come along with them towards western side. Informant, his wife, Santosh @ Bablu son of Ram Charitra Mahto followed the miscreants. After covering some distance Ashok Yadav and Ghina Yadav shot Praveen Kumar @ Munna and on instructions from Ashok Yadav Birju Yadav and Appellant No. 3 Sikandar Verma shot Ram Charitra Mahto. Hearing sound of firing shots villagers came. Information about the occurrence was given to Lakhisarai police and on receipt of information Sub -Inspector Sri Ram Paswan of Lakhisarai Police Station came to Village English and recorded the fardbeyan of the informant at 8:30 A.M. in Village -English. Informant having read his statement scribed by Sub -Inspector Sri Ram Paswan put his signature over the same. His another son Arvind Kumar (not examined) also put his signature over the fardbeyan besides Bablu @ Santosh Kumar (P.W. 3), son of the another deceased Ram Charitra Mahto. Sub -Inspector Sri Ram Paswan having recorded the fardbeyan forwarded the same to Lakhisarai Police Station where Lakhisarai P.S. Case No. 206/03 dated 19.08.2003 was registered for the offence under Sections 302/34 of the Penal Code and Section 27 of the Arms Act with instruction that the scribe of the fardbeyan Sub -Inspector Sri Ram Paswan will investigate the case. During investigation of the case the two dead bodies, four empty cartridges were recovered and the statement of the witnesses i.e. P.W. 1 informant, P.W. 2 his wife Binda Devi, P.W. 3 Santosh Kumar @ Bablu son of another deceased Ram Charitra Mahto, P.W. 4 Pawan Kumar seizure -list witness as also villager together with Arvind Kumar another son of the informant and Dina Nath Mahto, villager who came to the place of occurrence after the occurrence was recorded. Investigating Officer after post mortem of the dead bodies on 20.08.2009 at 2:00 P.M. obtained post mortem report of the two deceased (Exhibit -6, 6/1). Having completed the investigation Investigating Officer submitted charge -sheet against the three appellants as also Birju Yadav showing him absconder. In the light of the charge -sheet cognizance was taken and the case was committed to the court of Sessions for trial. After framing of charge appellants denied the charge levelled against them and claimed to be tried.

(3.) P .W. 1 informant has supported the version which he recorded in the fardbeyan and asserted in Court that he along with his wife, deceased son Praveen Kumar had come to the field for weeding out grass in the morning at about 7:00 A.M. and while the three were weeding grass, the appellants and one Birju Yadav came to the field and caught hold of his son by neck and asked him to come along with them. Informant, his wife also followed them. After covering some distance appellant Ashok Yadav and Ghina Yadav shot Praveen Kumar who having received gun shot injury fell down. On instruction from appellant Ashok Yadav Birju Yadav and Sikandra Verma (Appellant No. 3) caught hold of Ram Charitra Mahto in the adjoining field and took him along with them. After covering some distance he was also shot at the same place where Praveen Kumar was shot. Ram Charitra Mahto was shot by Appellant No. 3 and absconder Birju Yadav. He further asserted that on alarm being raised villagers including his son Arvind Kumar, Pawan Kumar, Dina Nath Mahto, Nathuni, Umesh, Manoj, Amrendra Sah had come to the place of occurrence and saw the dead bodies. During cross -examination informant has stood the test of searching questions put to him and his evidence is not found shaken in any manner.