STATE OF BIHAR Vs. SHRILAL YADAV

JUDGEMENT

(1.) This is an appeal by the State of Bihar against the judgment dated 22.12.1987 passed by Shri Anirudha Prasad Chaudhary, 2nd Additional Sessions Judge, Madhepura in Sessions Trial No. 42 of 1985 by which he has acquitted all the seven respondents of the charges framed against them.

(2.) Respondent Chandeshwari Yadav, Bino Yadav are sons of respondent Saryug Yadav. All other respondents are sons of one Muni Lal Yadav.

(3.) The prosecution case, in brief, is that on 14.8.1984 at about 5.30 in the morning, the two she buffaloos of respondents Saryug Yadav and Srilal Yadav had strayed in the Marua field of Dipo Yadav @ Dip Narayan Yadav, brother of the informant Narayan Prasad Yadav. Dipo Yadav started driving the buffaloos towards the house of respondent Srilal Yadav to raise his protest. When he reached in front of the house of Tilkeshwar Yadav, respondent Bino Yadav started altercating with him. The respondent then called his brother and others. On this the other respondents, all armed with lathi came and ran to assault Dipo Yadav . Dipo Yadav ran to the door of Tilkeshwar Yadav and all the respondents reached there and respondent Srilal Yadav, Upendra Yadav, Bino Yadav, Maheshwari Yadav and Chandeshwari Yadav started assaulting Dipo Yadav with lathi. It is said that respondent Srilal Yadav gave a lathi blow on his chest, Maheshwari Yadav gave a lathi blow on temporal region respondents Upendra Yadav and Bino Yadav gave lathi blow on right thigh, respondent Chandeshwari Yadav gave lathi blow on the face of Dipo Yadav. Dipo Yadav died on the spot. It is also said that during assault Jamun Yadav, Mausera brother (son of mother's sister) of the informant went to save Dipo Yadav, then he was also assaulted with lathi by respondent Saryug Yadav and Bhubneshwari Yadav. Seeing Dipo Yadav dead, the respondents fled towards their houses.