RAM AWADH YADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These four criminal appeals are arising out of the judgment and order of sentence dtd. 2/4/2014 and 3/4/2014 respectively passed by the learned Adhoc Additional Sessions Judge-III, Kaimur at Bhabua (hereinafter referred to as the 'learned trial court') in Sessions Trial No. 126/305 of 2013(State vs. Surendra Yadav and Others). By the impugned judgment and order, the learned trial court has been pleased to hold the appellants guilty for the offences under Ss. 147, 148, 302 read with Sec. 149 and 120B of the Indian Penal Code (in short 'IPC') and Sec. 27 of the Arms Act and they have been sentenced to undergo imprisonment for life and also to pay a fine of Rs.5,000.00 each under Sec. 302 read with Sec. 149 IPC. In default of payment of fine, they will further have to undergo imprisonment for one year. All the appellants have been sentenced to undergo rigorous imprisonment for two years under Sec. 148 IPC, rigorous imprisonment for five years and a fine of Rs.2,000.00 each under Sec. 27 of the Arms Act and in default of payment of fine to further undergo simple imprisonment for two months each. All the sentences are to run concurrently.

(2.) As per the prosecution story, on 23/7/2012, the informant along with his elder brother Rakesh Kumar Singh @ Munmun Singh was preparing his land in Bhankhanpur Mauja for 'Ropani' (sowing of paddy crops). With him, his co-villagers Kashi Singh (PW-4) and Ishwar Dayal Singh (PW-6) were also present. His brother Munmun Singh (deceased) was at a distance of 50 yards North to the canal (nahar) in the field. The informant (PW-7) along with PW-4 and PW-6 was near the canal (nahar). In the meantime, at 05:45 P.M., from the Bhankhanpur village side, the accused persons, namely, (1) Bablu Yadav, (2) Surendra Yadav, (3) Mahendra Yadav, (4) Ram Awadh Yadav @ Neta, (5) Dau Yadav, (6) Dharmendra Yadav and (7) Tun Tun Yadav along with three unknown persons came at Bhankhanpur fall and crossed the fall. He got suspicious. It is alleged that Ram Awadh Yadav and Dau Yadav were having big weapons in their arms and others have katta in their hands. It is further alleged that Surendra Yadav and Mahendra Yadav tried to catch hold of Rakesh Kumar Singh @ Munmum Singh, his brother tried to save himself. At this moment, all the accused persons started firing indiscriminately as a result whereof Rakesh Kumar Singh sustained serious injuries and died on the spot. Thereafter, the accused persons went away shouting that they had taken revenge of the killing of Bindu Yadav. They went to the Bhankhanpur Kalisthan where they bowed down in Kali Mandir. The informant has stated in his fardbeyan that he and other persons working in the field came there and found that his brother had died.

(3.) The case was registered as Mohaniya P.S. Case No. 246 of 2012 under Ss. 147, 148, 149, 302, 120B IPC and Sec. 27 of the Arms Act. After investigation, the police submitted a chargesheet whereupon cognizance was taken under the aforementioned Ss. of IPC and Arms Act. On 13/3/2013, the learned Magistrate committed the case to the court of Sessions whereafter on 4/4/2013, charges were framed under all the abovementioned Ss. under the IPC and the Arms Act. The appellants were read over and explained the charges in Hindi to which they pleaded not guilty and claimed to be tried. Prosecution Witnesses