TEJU YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All the eight appeals have been preferred against the common judgment of conviction dated 30.06.2008 and order of sentence dated 2.07.2008 passed by the Additional Sessions Judge, F.T.C.I, Madhubani in Sessions Trial No. 448 of 1999 by which accused Jagdish Yadav, Vijoy Yadav, Teju Yadav, Laxmi Yadav @ Sitoli Yadav and Wakil Yadav have been convicted under Sec. 302 of the Indian Penal Code for committing murder of Rajendra Das and Shyam Nandan Das, who were father and brother of the informant (P.W.9). The remaining accused persons have been convicted under Sections 302/149, 436/149 and 447 of the Indian Penal Code. Accused Jagdish Yadav has been further convicted under Sections 148 of the Indian Penal Code and Sec. 27 of the Arms Act. Accused Wakil Yadav, Surya Narayan Yadav, Devendra Yadav and Ram Sevak Yadav and Teju Yadav have been convicted under Sec. 148 of the I.P.C. Accused Ram Sevak Yadav has also been convicted under Sections 436 and 323 of the I.P.C. Accused Sri Narayan Yadav has also been convicted under Sec. 436 of the I.P.C. Accused Teju Yadav has also been convicted under Sec. 323 of the I.P.C. Accused Kaliya Devi has further been convicted under Sections 302/149 of the I.P.C. For the offence under Sec. 302 I.P.C., all the five appellants, namely, Jagdish Yadav, Vijoy Yadav, Teju Yadav, Laxmi Yadav @ Sitoli Yadav and Wakil Yadav have been sentenced to undergo imprisonment for life and also to pay a fine of Rs. 5000.00 each and in default, to suffer imprisonment for six months. For the offence under Sections 302/149, all the accused persons have been again sentenced to undergo imprisonment for life. For the offence under Sections 436/149 of the I.P.C., the accused persons have been sentenced to undergo imprisonment for ten years and to pay fine of Rs. 3000.00 each and in default, to undergo simple imprisonment for one year. For the offence punishable under Sec. 148 of the I.P.C., all the accused persons have been sentenced to undergo imprisonment for two years and to pay a fine of Rs. 1,000.00 each. For the offence under Sec. 323 of the I.P.C., the accused Teju Yadav and Ram Sewak Yadav have been sentenced to undergo simple imprisonment for six months. For the offence under Sec. 324 of the I.P.C., the accused Devendra Yadav has been sentenced to undergo simple imprisonment for two years. However, all the sentences have been directed to run concurrently.

(2.) For the sake of convenience, we would refer to the appellants individually instead of referring to their respective appeals.

(3.) The prosecution case, as made out in the fardbeyan of Raj Kumar Das, resident of village-Baswariya, P.S.-Sahar Ghat, District-Madhubani recorded by Sub-Inspector B.K. Srivastava of Sahar Ghat police station on 5.04.1997 at 12.00 noon at his residence, in short as follows :