RAM LAGAN YADAV Vs. SUKHDEO YADAV

JUDGEMENT

(1.) All these three appeals were heard analogous as they had arisen from the 'common judgment of conviction recorded in S. r. No. 511/89 by the Sessions Judge Nawadah dated 11-10-1991 through which he convicted and sentenced the appellant Saudagar Yadav @ Natwar lal to undergo imprisonment for life under Section 302 of the Indian Penal Code and the remaining five appellants were also convicted and sentenced to undergo imprisonment for life under Section 302/34 of the Indian Penal Code.

(2.) In Cr Appeal No. 444 of 1901 Ram lagan Yadav is the appellant, In Cr Appeal No. 473 of 1991 Sukhdeo Yadav, Sunil Yadav, Suresh Yadav and Srichand Yadav are the appellants whereas in Cr. Appeal No. 475 if 1991 only Saudagar Yadav is the appellant. This common order will dispose of all these three appeals in question.

(3.) The facts short, leading to the conviction of this appellants, are that the informant P. W: 5 lodged Fardbeyan as against these appellants on 7-8-1919 at about 6 00 PM. alleging therein that on that very date he along with his uncle Ramautar Chauhan had gone to Civil Court, Nawadah in connection with a title suit of Ramautar Chauhan It has been alleged that at abont 4 00 P M they left the Court premises in rikshaw of Ramji Chauhan P.W. 3 for their home situate in mohalla Malgodam of Nawadh town. From there at about 5 00 P M or so they left along with his mother for going to village Akauna where they also got a house and when they reached near the mohalla Mangar Bigha near Nawadah Bus Stand, then the appellant Saudagar Yadav @ Natwar lal stopped the rikshaw and asked Ramautar Chauhan to come to bis Mangar Bigha residence so that they could have dialogue for compromising the litigations to which Ramautar Chauhan agreed and then all the three came in Bigha near the house of one Rajendra Kahar (3) Rajendra Prasad Singh. It is also the prosecution case that after that Ramautar Chauhan got down from the rikshaw and asked the informant and his mother to remain there till he come after a talk with Saudagar Yadav and had gone to the upper story of the house in which Saudagar Yadav was living as a tenant and after ten minutes or so the informant heard the altercation sound of Ramautar and Saudagar and they were hurling abuses. So he rushed to the upper story of the house and saw Saudagar giving pasuli blow on the neck of Ramautar Chauhan and the Appellants Sukhdeo Yadav and Sunil Yadav tying the body of Ramautar with an electric wire and other appellants Suresh Yadav and Srichand Yadav and one Bahnoi of Saudagar pulling down Ramautar and pressing his body and Saudagar Yadav cutting the neck by pasuli After that the informant came down running and raised alarm, Then all the accused persons escaped away from that bouse and in that process they were seen by the rikshaw puller Ramji Chauhan and his mother. At that time his father also came and some muhalla people also saw these appellants escaping away. The informant has also alleged the motive in the Fardbeyan that there was some ill-relation between the deceased, Saudagar Yadav and Sunil Yadav because a Harizan had instituted a case against them in which the deceased was doing pairvi on behalf of Harizan and one Kunti Devi had instituted a case against the deceased in which Sunii Yadav and Saudagar Yadav used to do pairvi for Kunti Devi and for this enmity they committed the murder of the deceased in the rented portion of the house of the appellant Saudagar Yadav.