JAGDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This appeal was preferred by six appellants against the judgment and order dated 4th January, 1986 passed by First Additional Sessions Judge, Gaya in Sessions Trial No. 102/1977/25/1985 whereby appellant No. 1 was convicted under Section 302 IPC and Section 27 of the Arms Act and sentenced to Rigorous Imprisonment for life and five years respectively. All other appellants were convicted under Section 302 read with Section 149 of the IPC and sentenced to Rigorous Imprisonment for life. Appellants, Jagdeo Yadav, Nathun Yadav and Brahamdeo Yadav were also convicted under Section 148 IPC and sentenced to R.I. for three years and the remaining appellants were convicted under Section 147 IPC, sentenced to R.I. for two years. The sentences were ordered to run concurrently.

(2.) THIS appeal was heard and allowed by judgment and order dated 18th September, 1998 passed by a Division Bench of this Court and all the appellants worn acquitted of all the charges by giving them benefit of doubt. One Akhilesh Sharma, son of one of the deceased victims, late Raj Ballabh Singh maintained Cr.Appeal No. 1379/1999 in the Supreme Court of India against the judgment and order passed in this appeal on 18th September, 1998. The Supreme Court by judgment and order dated 17.11.2005 recorded that accused, Kailash Yadav and Nathun Yadav had expired during the pendency of the appeal and therefore the appeal stood abated against them. With respect to remaining four convicted accused, by a brief order the judgment and order dated 18th September, 1998 passed by a Division Bench of this Court was set aside on the brief ground that trial court had recorded findings after threadbare discussion including five eyewitnesses whereas the High Court had noticed only the submission of both the sides to come to the final decision without assigning any reason and discussion on the evidence of the parties. Hence this appeal was restored for fresh hearing.

(3.) THE defence of the accused persons is that in the night between 7th and 8th of December, 1974 at about 3:00 or 4:00 a.m. when appellant, Jagdeo Singh (Jagdeo Yadav) was sleeping in a room of his Dalan or Baithka, he heard some sounds suggesting that dacoits were searching for his gun in another room. He got up and saw 13-14 persons standing in front of his Dalan and a man who came out with a wooden box from room. Jagdeo raised hulla in which his neighbour, Ram Saran Yadav (one of the deceased) came running and wanted to catch the dacoit going with the box but the dacoit fired a shot causing injury to Ram Saran Yadav who fell down. Several other villagers including Jagdeo's uncle Nathun Yadav, his son, Binda Sharan, Kailash Yadav, Brahamdeo Yadav, Indradeo Yadav, Basdeo Yadav, Jageshwar Page 0315 Yadav, Karu Yadav, Charitra Yadav arrived with lathi, gadasa and spade etc. THE dacoits fled away towards west-north but the dacoit with the box was surrounded and assaulted by the villagers. Box and his gun fell down but one of the dacoits managed to take away the gun. Due to assault the dacoit died and he was identified as Raj Ballabh Singh of the village. THE villagers identified Chandeshwar Singh, Jagdeo Singh, Sukku Singh, Sia Ram Singh, Bansi Singh, Baso Singh, Raja Ram Singh, Kamlesh Singh, Rajeshwar Singh of village Bajitpur and Kameshwar Singh of another village among the dacoits. Allegedly, the dacoits made attempt to rescue Raj Ballabh Singh but because of arrival of a large number of villagers the dacoits could not succeed. THE dead body of Raj Ballabh Singh, the dacoit and of Ram Saran Yadav were kept in two different rooms of Dalan of Jagdeo for keeping them secured. This version of the defence is apparent from Fardbeyan of Jagdeo Yadav recorded at his Dalan on 8.12.1974 at 16:00-15:00 hours by Sub Inspector of Police, Chand Govind Singh, (DW-1) which has been marked as Exhibit-A. Thus the case of the defence is that Raj Ballabh Singh (deceased) was one of the dacoits who killed deceased, Ram Saran Yadav and the villagers apprehended and assaulted him due to which he died. According to defence the present case was instituted much later as an after thought to counter the case lodged by accused, Jagdev as soon as Sub-Inspector of Police arrived in the village at 4:15 p.m.