STATE OF BIHAR Vs. RAM CHANDRA YADAV

JUDGEMENT

(1.) The State of Bihar has preferred the Government Appeal (D.B.) No. 33 of 1991 against the judgment and order dated 31st May 1991 passed by the learned 4th Additional Sessions Judge, Munger in Sessions Case No. 367 of 1989 by which accused-respondents have been acquitted for the charges under Sections 302/34, 307 and 436 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 30.12.1988 at about 5.30 p.m., the informant Md. Azim (P.W. 5) was returning to his village Malia after burying his Bhagina with Md Ali Hussain (P.W. 2), Md. Ahmad (P.W. 1), Md. Abbas (P.W. 4) and Abdul Majid (deceased) and came near Madarsa of the village and saw that his co-villagers Dukhi Yadav, Raj Kumar Yadav armed with spear and lathi were uprooting the khuta and destroying fencing of the Madarsa. When the prosecution parties protested to uproot the bamboo fencing, the accused Dukhi Yadav told that he would construct a house on that land. The informant and others asked him not to uproot Khuta, and fencing of Madarsa and the dispute would be decided in the Court. Thereafter, Dukhi Yadav instigated the coaccused to assault the prosecution party, thereafter, respondentopposite party Baldeo Yadav (respondent no. 4), Kamo Yadav (respondent no. 6), Jago Yadav (respondent no. 5), Ajoy Yadav (respondent no. 7), Hari Yadav (respondent no. 8), Ramchandra Yadav (respondent no. 1) and Dasrath Yadav (respondent no. 9) armed with lathi and bhala came there and assaulted the informant and his fellowmen. It has been further alleged that Dukhi Yadav assaulted Abdul Majid (deceased) with spear which caused injury in his waist and he fell down. Thereafter, other accused assaulted him with lathi and smashed his head and he became senseless. They also assaulted the informant (P.W. 5), Md. Ahmad (P.W. 1), Md. Abbas (P.W. 4), Md. Ali Hussain (P.W. 2) causing them injury. On raising alarm, several co-villagers came there and witnessed the occurrence. The victim with the aid of co-villagers carried Abdul Majid (deceased) in senseless condition and injured Md. Ahmad (P.W. 1) on a cot to the Sub-divisional Hospital Lakhisarai for treatment. It has further been alleged that at the time of departure, respondent no. 1 Ram Chandra Yadav set fire in the Madarsa. The fard beyan (Ext. 2) of P.W. 5 was recorded by ASI, S. K. Singh of Lakhisarai Police Station on 30.12.1988 at 9.15 p.m. in the Sub Divisional Hospital, Lakhisarai. On the basis of Fardbeyan formal FIR (Ext. 3) was instituted. After investigation charge-sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions. Charge against respondent no. 1 was framed for the offence punishable under Section 436 IPC. All the accused were charged for the offence punishable under Sections 307 and 302/34 IPC to which they denied and claimed to be tried.

(3.) The defence of the accused-respondents is complete denial of the charge. Their further defence is that they have been falsely implicated in this case due to enmity and co-accused Raj Kumar Yadav had instituted Lakhisarai P. S. Case No. 371 of 1988 dated 30.12.1988 at about 5.30 P.M. against Hussain Mian (P.W. 2), Daro Mian (P.W. 3), Rajak Mian, Hul Mian, Manu Mian, Sole Mian, Satar Mian, Akar Mian, all residents of village Malia, P.S. Lakhisarai (Chanan), District- Munger for the offence punishable under Sections 147, 148, 324, 323 of the Indian Penal Code was lodged by Raj Kumar Yadav which is Ext. C.