AWADH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by sole appellant Awadh Yadav is directed against the judgment dated 26-9-2001 and order dated 1-10-2001 passed by IIIrd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 527 of 1999 (Trial No. 110 of 1999) c6nvicting the appellant under Section 302 of Indian Penal Code (In short "IPC") and Section 27 of Arms Act. Appellant has been sentenced to undergo rigorous imprisonment for life without mentioning the section under which such sentence has been imposed but the finding of Court below that there is direct allegation of murder against the appellant and allegation has been proved, therefore, he is being sentenced to undergo rigorous imprisonment for life, suggests that appellant has been sentenced to undergo rigorous imprisonment for life under Section 302 of IPC. No sentence under Section 27 of Arms Act has been passed. 2. Prosecution case, as it appears from the fardbeyan of informant Md. Ajaz Ansari (PW3) recorded by Anil Kumar Srivastava (PW 7), the then Officer-in- charge-cum-Inpector, Nath Nagar Police Station on 7.5.1999 at 4 p.m. at Jawaharlal Nehru Medical College and Hospital (In short "JNMCH"), Mayaganj, Bhagalpur is that on 7.5.1999 at about 8 a.m. informant alongwith Amir Ansari (not examined), Amli Paswan (PW 1), Badri Paswan (not examined) and Anil Rajak (not examined) of village-Belkhuria proceeded for Manoharpur Bank for receiving money of Indira Awas Scheme by cheque. The informant from village-Belkhuria alongwith Md. Alamgir (PW 4) came to Nath Nagar where he came to know that appellant Awadh Yadav and co-accused persons Devi Dayal Yadav, Jnardan Yadav and Vidyanand Yadav had taken deceased Md. Kalim with them to Manoharpur Bank. The informant also, after offering Friday prayer alongwith Md. Alamgir (PW 4) proceeded for Manoharpur Bank at about 1.30 p.m. and at about 2.15 p.m. when he and Md. Alamgir (PW 4) were crossing a road through an orchad of Manoharpur village, he heard a loud sound from the turning of road and when he went there running, he saw that appellant had fired on Md. Kalim and was carrying a pistol and on seeing him and Md. Alamgir, the appellant became nervous and in the meantime, co-accused Devi Dayal Yadav, Janardan Yadav and Vidyanand Yadav also came from nearby places and, thereafter, they alongwith appellant started running away. In the meantime, Md. Shakil Ansari (not examined) and Md.Amir Ansari (not examined), who were coming from the side of Manoharpur Bank, came there to whom informant and Alamgir told that appellant and co-accused Janardan Yadav, Devi Dayal Yadav, Vidyanand Yadav and his other companions had fired on deceased. Thereafter, infdrmant and Md. Alamgir (PW 4) put the deceased who was at that time injured on his own scooter and by pushing the scooter brought him to the house of Md. Alam (not examined) and from there took him to Mayaganj Hospital where deceased did About the motive of occurrence, informant stated in fardbeyan that deceased was a well wisher of weavers of Belkhuria village and was not allowing co-accused Devi Dayal Yadav who was Gram Sevak to take commission from the weavers who used to receive payment by cheque under Indira Awas Scheme and a Committee was formed for the welfare of weavers of Belkhuria village and deceased was one of the members of the Committee and other members included informant, Md. Alamgir, Sabir Ansari and Rahman Ansari and because of formation of this Committee, co-accused Devi Dayal Yadav had become powerless. On 5.5.1999 also, co-accused Vidyanand Yadav had told informant that although cheque had been prepared but payment would not be made. The informant further stated that appellant, Devi Dayal Yadav, Janardan Yadav and Vidyanand Yadav used to give threatening to weavers that they would have to pay commission for the money received by them under Indira Awas Scheme and in this connection in the month of October, 1998, a case was registered at Nath Nagar Police Station against Gram Sevak Devi Dayal Yadav and deceased was strong opponent of appellant, Janardan Yadav, Vidyanand Yadav and Devi Dayal Yadav and was not allowing them to take money of weavers and this was the motive of occurrence. On the basis of fardbeyan of informant, a case under Sections 3C2/34 of IPC and Section 27 of Arms Act was registered against the appellant and co-accused Janardan Yadav, Vidyanand Yadav and Devi Dayal Yadav. The police, after investigation, submitted charge-sheet against the appellant and co-accused Devi Dayal Yadav, Janardan Yadav and Vidyanand Yadav who all were named and Anirudh Yadav who was not named, in the first information report. Cognizance of the case was taken and charges under Sections 302/34 of IPC and Section 27 of Arms Act against appellant and co-accused Devi Dayal Yadav, Janardan Yadav, Vidyanand Yadav and Anirudh Yadav were framed and case was committed to the Court of Session where all the aforesaid persons were put on trial and after trial, appellant was held guilty under Section 302 of IPC and Section 27 of Arms Act and was convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of IPC, as stated above. Remaining four co-accused persons, namely, Devi Dayal Yadav, Janardan Yadav, Vidyanand Yadav and Anirudh Yadav were given benefit of doubt and were acquitted.