MD MUSTAQUIM ALIAS MUSTAQUIM MIAN Vs. LALMUNI YADAV

JUDGEMENT

(1.) ALL these four appeals were preferred by the appellants against the judgment and order dated 17th May, 1986 passed by the 4th Additional Sessions Judge, Arrah in Sessions Trial No. 221 of 1982. These appeals were heard together and disposed of by a common judgment by this Court dated 3.4.1998, whereby all the appeals were dismissed and the conviction and sentence passed by the trial court against the appellants affirmed. Appellants preferred Cr. Appeals before the Supreme Court of India and the Supreme Court of India has remanded all these appeals for re -hearing by this Court by order dated 5.10.2004 after setting aside earlier judgment and order passed by this Court.

(2.) ORIGINALLY there were nine appellants in all four appeals. During the pendency of these appeals before the High Court Md. Allauddin alias Alluddin Mian died. Another appellant Md. Mustaquim died when the appeal was pending before the Supreme Court. They were appellants in Cr. Appeal No. 270 of 1986 alongwith Jeobodhan Singh, Hiralal Yadav, Kalyan Yadav. Lalmuni Yadav and Shri Kishun Yadav alias Shri Krishna Yadav alias Shri Krishna Singh were appellants in Cr. Appeal No. 272 of 1986. In Cr. Appeal No. 328 of 1986 Bisendra Singh was appellant and Lallu Yadav was the appellant in Cr. Appeal No. 341 of 1986.

(3.) THE prosecution case according to fard beyan (Ext. 4) of Munna Singh (P.W.4) recorded by S.A.A. Z. Kamal of Dumraon Police Station on 21.12.1980 at village Bhadi Tola at 11 A.M. disclosed that Munna Singh (P.W. 4) alongwith his father Shyam Bihari Singh (deceased) had been in their Khalihan to watch the harvested crops and thrashed during day time on 20.12.1980. Accused Lallu Yadav of Bodhi Tola who lived adjacent west of the informants Khalihan came and asked for Rehat on which informants father (deceased) refused to oblige as he himself was in its need for irrigating his own land whereupon Lallu Yadav went away annoyed. In the night in between 20/21.12.1980 the informant was sleeping in Khalihan on the straw where the father Shyam Bihari was sleeping nearby a Pipal tree. All on a sudden the informant woke up hearing the barking of dogs at about mid night and flashed his torch light in which he noticed 8 -9 persons who came close to Khalihan. He saw Lallu Yadav with a D.B.B.L. Gun, Bisendra Singh armed with single barrel gun, Lalmuni Singh with Bhala, Srikishun Yadav with pipe gun, Alauddin and Mustaqim with rifle and gun respectively. Jeobodhan Singh with lathi and torch, Hira Lal Yadav and Kalyan Yadav with Lathi. On seeing the informant, Jeobodhan Singh alerted his men and asked them to take care of Munna Singh (P.W. 4) so that he may not escape. The informant was frightened and asked his father Shyam Bihari Singh to run away. In the meantime Lallu Yadav shot at informants father while he was getting up on the straw. Thereafter Bisendra Singh also shot at Shyam Bihari Singh. The informant ran away calling his uncle Chotan (RW. 2) who was in the adjoining Khalihan and he also awakened one Chotey Lal Singh (RW. 3) to go near his father. RW. 4 himself went to the village for help. While going towards village the informant saw flames of fire in the Khalihan.