RAJENDRA PRASAD YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been filed to challenge the correctness of finding of guilt of the solitary appellant recorded by the learned Presiding Officer, Fast Track Court No. II, Gaya in Sessions Trial No. 329 of 2010 by his judgment dated 17.06.2010 by which the appellant was held to have committed offences U/Ss. 302 and 307/149 IPC and Section 27 of the Arms Act. The appellant was heard on sentence on 23.06.2010 and he was directed to suffer rigorous imprisonment for life as also for a term of ten years U/Ss. 302 and 307/149 IPC with further direction to the appellant to suffer rigorous imprisonment for three years under Section 27 of the Arms Act.

(2.) THE appellant had contested the Elections 2005 from Atri constituency in the State of Bihar for being elected as a Member of the Bihar Legislative Assembly. He was declared elected and he had taken out a victory procession which was comprised by about 14 -15 vehicles and over 100 (as per evidence 300 -400) strong supporters of the appellant. On 28.02.2005 at about 3.30 P.M. -the informant Dhirendra Kumar (PW2) stated in his fardbeyan -the procession was moving on the road of the village and it had come in front of the house of PW2. Men in the procession were splashing coloured powder all around and were also firing shots. The motor vehicles which were the part of the victory procession of the appellant, stopped about 200 meters away from the village and the appellant is said to have alighted from the vehicle which was leading the procession along with his sons absconding accused Pramod Yadav and Subodh Yadav. Seeing the crowd, the informant retreated towards his house and saw that this appellant Rajendra Yadav was remonstrating his followers by shouting that persons of Bhumihar caste had not voted for him and, as such, the residents of village Dariyapur were to be taught a lesson. No sooner the appellant had uttered these words, his followers scattered all around the village from three sides. The informant stated that he had, by that time, reached his house and was asking his family members to be closeted inside it, when his sister Mintu Kumari, younger to him, went up the stairs over the roof of the house to pick up clothes spread there for drying. The informant also rushed up following his sister and reached the roof top. By that time, this appellant Rajendra Yadav had come on to the road in front of the house of the informant and persons accompanying him were firing shots from their respective weapons targeting the windows and doors of the house. This appellant was also firing shots and was at the same time shouting that a massacre was to be committed as the villagers were to bear the consequences of not voting for him. Shouting the above words, this appellant is said to have fired a shot aiming at the house of the informant as a result of which the sister of the informant, namely, Mintu Kumari was hit in her head and her skull was blasted off. She died instantaneously.

(3.) THE informant stated that the mayhem continued for about 30 -45 minutes in the village whereafter the marauders went away from there. The informant and other villagers thereafter came out of their houses and learnt that eight -year -old - Bhagina (sister's son) of Kaushal Kumar had been hit by pellet on his right shoulder besides Abhishek Kumar aged about 1 1/2 years, son of Madhukant Kumar, was also hit on his right forehead by a pellet. On account of firing shots at different houses in order to committing murder, the houses of Upendra Singh (PW9), Sitaram Singh (not examined), Akshay Kumar (PW8), Bhuneshwar Singh (not examined), Sudhir Singh (not examined) were bearing the signs of gun shots. The informant stated that the incident had been seen by villagers.