MAHESHWARI YADAV & ANR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both these criminal appeals arise out of the judgment dated 2nd February, 2002, as such both the appeals are being disposed of by this common judgment which is being delivered in Criminal Appeal No. 91 of 2002.

(2.) Both these criminal appeals have been preferred against the judgment dated 2nd February, 2002 and order dated 5.2.2002 passed by Sri Narendra Prasad Singh, 1st Additional Sessions Judge, Bhagalpur in Session Trial No. 144/98 T.R. No. 84/2001 whereby he has been pleased to convict all the appellants under Section 325/34 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced them of undergo rigorous imprisonment for three years under the said section. He has further been pleased to convict appellant Paro Yadav @ Parmanand Yadav alias Premanand Yadav under Section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default, to undergo further imprisonment for one year. He has further been pleased to convict rest two appellants, namely, Mannu Yadav and Maheshwari Yadav under Section 302/34 of the IPC and sentenced them to undergo imprisonment for life and also to pay a fine of Rs. 2000/-each and in default, to undergo further rigorous imprisonment for three months. He has ordered that all the sentences shall run concurrently.

(3.) The prosecution case, as per the fardheyan (Ext. 2) of the informant Jagdish Manjhi (PW 4) recorded on 10.3.1997 in the clinic of Dr. N.I. Ansari at 10 p.m. by S.I., A.L. Thakur of Nathnagar P.S., in brief, is that the informant Jagdish Manjhi had gone to village Srirampur within Nathnagar Police Station to participate in the Barat and, thereafter, on 10.3.1997 at about 12 noon he went to village Chhit Makanpur to meet his maternal nephew (Bhagina), namely, Gholti Yadav and after meeting him, he along with his cousin Narayan Manjhi and Gholti Yadav (deceased) was coming back to catch the train. When the informant along with the above said two persons reached at the it skirts of the village towards north and after crossing the railway line when they were proceeding further they found appellant Maheshwari Yadav standing there with a lathi in his hand, Seeing him standing with lathi the informant's maternal nephew (Bhagina) Gholti Yadav told him "Do not talk about him he always remains angry". In the meantime, appellants Parmanand Yadav and Mannu Yadav also came there from the northern side of the railway track and exhorted to kill Gholti Yadav whereupon Gholti Yadav wanted to flee away and then Parmanand Yadav who was armed with Muskat, fired at him. The bullet hit the back of Gholti Yadav. He ran towards the wheat field of Chhedi Rai where he fell down. At this stage Paro Yadav came there and the said Paro Yadav along with Mannu Yadav and Maheshwari Yadav started assaulting the informant and when Narayan Manjhi tried to intervene he was also assaulted by Paro Yadav, Parmanand Yadav assaulted the informant with the butt of Muskat. On hulla, the villagers assembled there and then the appellants fled away. The occurrence was witnessed by Subodh Yadav (PW 3), Rinku Yadav (PW 1), Pinku Yadav (PW 2), Jawahar Yadav and Trivedanand Kumar (both not examined).