STATE OF BIHAR Vs. MUDI YADAV

JUDGEMENT

(1.) The Death Reference under section 366(1) of the Code of Criminal Procedure for confirmation of the death sentence awarded to accused Murli Yadav. Naresh Yadav and Prakash Yadav and the three criminal appeals relate to the same occurrence and arise out of the same judgment. Therefore, with the consent of the parties, they have been heard together and are being disposed of by this common judgment. It may be stated that appellants Murli Yadav, Naresh Yadav and Prakash Yadav had preferred two appeals; one through lawyer and the other from jail.

(2.) Appellants Mudi Yadav, Naresh Yadav and Prakash Yadav have been convicted under section 302 of the Indian Penal Code accusing the death of Sheo Chandra Sah and each of them has been sentenced to death and the appellants Ram Bucho Yadav, Anandi Yadav, Arun Mahto, Mahabir Mahto and Balmiki Mahto have been convicted under section 302/ 149 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for life. All the nine appellants have further been convicted under sections 395 and 148 of the Indian Penal Code and while life imprisonment has been awarded to all of them for the conviction under section 395, no separate sentence has been passed under section 148 of the Code. Appellant Prakash Yadav has further been convicted under section 3021/109 of the Indian Penal Code but no separate sentence has been awarded under this count. The sentences have been directed to run concurrently.

(3.) The prosecution story, leading to the reference and the appeals, in short is that on 9th October 1984, at about 8 P.M. the deceased Sheo Chandra Sah was taking his meal on a Chowki in the verandah of his house. His brother Prakash Chandra Sah (P.W. 4) was also taking his meal at that very time just by the side of the Chowki on which the deceased was taking his meal. Jagtarini Devi (P.W. 7), who is the unfortunate widow of the deceased, was serving the meals. Geeta Devi (P. W. 2), the wife of Prakash Chandra Sah (P. W. 4) was preparing bread in the angan. A lantern was burning at the Chowki. It is said that at that very time these appellants variously armed, came there. Appellant Prakash Yadav said. Withdraw the case otherwise I shall kill you. Saying this, appellants Prakash Yadav, Naresh Yadav and Murli Yadav shot at the deceased. The deceased became injured and fled away. He went near a bel tree outside his house, fell down there and subsequently died. Thereafter, the appellants entered into his house and looted away his properties as well, and then fled away with the footed properties.