ACHHELAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nine accused persons were initially charged by the learned 1st Additional Sessions, Saharsa at Madhepura under Sections 148,302/34 and 379 of the Indian Penal Code. Out of them accused Bindeshwari Yadav, Mahendra Yadav and Kusum Lal Yadav died and proceedings against them were directed to the dropped by the trial court by various orders. The trial of accused Bindeshwari Yadav son of Bani Lal Yadav and Dipo Yadav was separated on 11.4.1991 by the trial court. Thus, six accused persons survived on their trial. The judgment in the case was delivered by the learned 1st Additional Sessions Judge, Madhepura on 30.6.1992 in Sessions Trial No 16 of 1985 and while four accused persons, namely, Uttim Lal Yadav, Jai Kumar Yadav, Janardan Yadav and Sudishta Yadav were acquitted of he charges under Sections 148, 302/34 and 379 of the Indian Penal Code, the present two appellants, namely, Achchelal Yadav and Anmol Yadav were held guilty of committing the said offences. After hearing them on sentence, the learned trial Judge directed each of the two appellants to suffer rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and rigorous imprisonment for three years each on each of the two counts of Sections 148 and 379 of the Indian Penal Code.

(2.) The appellants have preferred the present appeal to challenge the judgment of conviction and order of sentence passed against them.

(3.) The facts of the case were that Chit Narayan Yadav, the informant, who died during the pendency of the trial, was informed by his two brothers that the nine accused persons, who were initially charged, with 20 -25 persons having formed a Hanseri, were harvesting paddy crop from his land appertaining to Khata No. 415, Khesra No.5692 area 5 bigha 7 dhurs out of which 2 1/2" bigha had fallen in the share of the informant. The informant stated that he had planted different varieties of paddy in 2 bigha of land and on the rest of the area in his possession there were 5 bamboo clumps. The informant and his witnesses came to the field and found the accused persons harvesting the paddy crop and also cutting the bamboos themselves with the help of 20 to 25 other persons. The informant came back to his house and came again on to his field together with Badri Yadav (P.W.3), Deo Narayan Yadav ( P.W.2) and his Bhagina (sister's son) deceased Kapileshwar Yadav. He saw the unlawful assembly of the accused persons cutting the paddy and standing bamboos. Out of them, he identified nine accused persons who were initially put on trial. Seeing the informant and his witnesses the accused persons ran to assault them. The informant, P.Ws. 2 and 3 and deceased Kapileshwar Yadav started running away from the place of occurrence. When they reached near the house of Sarpanch Manbodh Yadav ( not examined) , accused Bindeshwari Yadav ( died during the trial), shot an arrow from his bow which hit the deceased on the upper part of his right arm near scapula causing injury to him. The arrow had gone through and through the injury. Accused Bindewhari Yadav ( also died during the trial ) fired a shot from his country made pistol which hit Kapileshwar Yadav on his left temple near the eye and he fell down. Thereafter accused Dipo Yadav and Bindeshwari Yadav, whose trial was separated along with acquitted accused Janardan Yadav, Jai Kumar Yadav, Sudishta Yadav and Uttim Lal Yadav, dealt blows with their farsa to the deceased Kapilishwar Yadav. The two appellants Achchey Lal Yadav and Anmol Yadav were said to have given blows with lathi when the deceased was lying on the ground stating that the deceased had to be killed.