SEKHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All three appeals referred to above arise out of one and the same judgment and order dated 19-9-1997, passed by the 2nd Additional Sessions Judge, Begusarai in Sessions Trial No.386, of 1994 convicting the appellants Sekhu Yadav and Pinku Yadav (Cr. Appeal No. 476 of 1997) under Sections 302/149 of the Indian Penal Code. Garib Das Yadav alias Upendra Yadav and Dano Yadav (Cr. Appeal No. 518 of 1997), Rampati Yadav (Cr. Appeal No. 522 of 1997) under Section 302 of the Indian Penal Code. All appellants have been sentenced to rigorous imprisonment for life. Appellants in all the three appeals have further been convicted under Section 27 of the Arms Act and have been sentenced to R. I. for three years.

(2.) The case of the prosecution as spelt out in the F. I. R. is that on 5-3-1994 at 3.30 p.m. Gulo Yadav brother of informant Ram Pratap Yadav (P.W.7) was carrying eight bags of oil seeds of one Debo Sah on a bullock cart to Ballia. The informant (P. W. 7) and his nephew Dilip Kumar son of Gulo Yadav were following the bullock cart. When the bullock cart reached near the field of Basudeo Yadav suddenly accused Sekhu Yadav, Dano Yadav, Pinku Yadav Garib Das Yadav alias Upendra Yadav and Rampati Yadav came armed with country made rifle whereas the remaining accused were armed with country made pistol. Seeing the accused persons elder brother of the infprmant Gulo Yadav jumped from bullock cart and started fleeing away towards east south through the fields. Accused persons started chasing him by making shots of pistol and rifle on Gulo Yadav. Ultimately the accused persons surrounded Gulo Yadav towards north of the house of Kesho Yadav. The informant (P.W.7) was also following the accused persons and raising alarm. After Gulo was surrounded by accused persons towards the north of the house of Kesho Yadav, Sekhu Yadav ordered to shoot Gulo Yadav, whereupon Dano Yadav made a shot of pistol on the back of his brother Gulo Yadav, Pinku Yadav fired from his pistol on the palm of Gulo Yadav, who fell down after making a cry. Thereafter Garib Das Yadav fired his pistol on the temporal region of Gulo Yadav and Ramapati fired from his rifle on the back of Gulo Yadav. The informant (P.W.7) started crying and thereafter the accused persons fled away towards their house. The motive for the occurrence as stated in the Fard beyan was the purchase of five bigha of land by Gulo Yadav from Chet Narain Yadav in his mother's name in the year 1982. Accused persons also wanted to purchase the same land as they had land adjacent to that land.

(3.) On the basis of this fard beyan which is said to have been recorded on 5-3-1994 at 21 hours in village Partarpur at the house of Kesho Yadav, the case was instituted as Sahebpur Kamal P. S. Case No. 22 of 1994 under Sections 148, 149, 324, 302 of the Indian Penal Code and 27 of the Arms Act. The fard beyan was recorded by S. I. Rajendra Singh (P. W. 6). He conducted the investigation recorded statement of the witnesses, seized blood stain soil sent the dead body for post-mortem, completed the investigation and submitted chargesheet. On the submission of chargesheet cognizance was taken, case was committed to the Court of sessions and on completion of trial the accused persons have been convicted as stated above.