LALOO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of judgment dated 5.4.1991 passed by the learned 1st Additional Sessions Judge, Patna in Sessions Trial No. 321 of 1989 by which the two accused persons, namely, Laloo Yadav (since deceased) and his son, the surviving appellant Ram Naresh Yadav were found guilty of committing offence under Sections 302/34 of the Indian Penal Code. The surviving appellant Ram Naresh Yadav was held guilty distinctly under Section 302 and Section 27 of the Arms Act and was directed to suffer rigorous imprisonment for life as also for two years on the two respective counts. The learned trial Judge directed the sentences to run concurrently. The two accused Laloo Yadav and Ram Naresh Yadav preferred the present appeal together but Laloo Yadav who was aged about 70 years of age on the day of judgment, died during the pendency of the appeal and his appeal stood abated by an order passed today itself leaving the appeal only on behalf of Ram Naresh Yadav.

(2.) Ext. 5, the fardbeyan of Ram Janam Singh (P.W. 7) was the basis for institution of the case and investigation of the same by P.W. 13, S. I. Venktesh Sharma. It was stated by the informant Ram Janam Singh (P.W7) that he along with his brother deceased Shambhu Saran Singh @ Ram Dayal Singh , Chhotan Prasad (P.W. 5) and Sudeshwar Singh (P.W. 8) started from Masaurhi for their house at village Khainiya. When they had moved ahead of the police station in Masaurhi on the road, his brother deceased Shambhu Saran Singh requested the informant and his companions to stop and wait for sometime as he was required to meet the present appellant Ram Naresh Yadav who was residing in the Sati-Asthan locality. The informant and his companions stopped and waited but finding that the deceased Shambhu Saran Singh did not come and had unduly overstayed, the informant and his companions, as per the story, proceeded to find out as to what was the reason behind it. The informant stated that they went to Sati-Asthan and when they had reached in front of the house of Ram Prasad Singh (not examined), they saw deceased-appellant Laloo Yadav abusing his brother and no sooner Laloo Yadav had seen the informant and his companions he ordered the present appellant Ram Naresh Yadav to kill Shambhu Saran Singh. The present appellant Ram Naresh Yadav, standing on the back side of the deceased, fired a shot which hit the deceased in his back. The deceased fell down on a cot lying nearby, when Laloo Yadav asked the present appellant Ram Naresh Yadav to ensure the death of the deceased by shooting him in his head and accordingly Ram Naresh Yadav fired another shot into the head of the deceased. The two accused seeing the informant and his companions ran to assault them also when they started running away from there and while they were so running they met the Officer-in-Charge (P.W.13) in the way and accompanying him came again to the house of the said Ram Prasad Singh, the landlord to find that his brother had been murdered.

(3.) P.W. 13 S.I. Venktesh Sharma stated that after recording the fardbeyan (Ext. 5), the case was registered and he took the investigation himself during which course he inspected the place of occurrence and found the dead body lying in one corner of the premises just below the veranda. The surrounding surfaces were bearing copious blood mark and the cot which was lying there was found washed along with the floor of the veranda. But in spite of that, some blood stains were found on one of the legs of the cot indicating that some blood had fallen on it. However, what appears from the evidence of P.W. 13 is that he did not find Ram Prasad Singh, the landlord or any of his family members but found one of the two rooms locked and inspected it where a few books and some utensils to be used in cooking meals were lying. One particular utensil was indicating as if some cooking was under way as some potatoes were found completely roasted to black. P.W. 13 held the inquest upon the dead body and sent it through a Chaukidar and a constable for post-mortem examination and accordingly, the autopsy was held by P. W. 1 Dr. Ram Krishna Prasad Singh. He recorded the statement of the witnesses and after close of investigation, charge-sheet was submitted for the trial of the two accused who were ultimately convicted.