BABLOO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals have been heard together as they relate to the same impugned judgment dated 19.7.2002 passed by 1st Addl. Sessions Judge, Madhepura in Sessions Trial No. 357 of 1998. Appellant Babloo Yadav (Cr. Appeal No. 219 of 2006) has been sentenced to undergo rigorous imprisonment for ten years under sec. 376 of the I.P.C. and for life under sec. 302 I.P.C. Appellant Jawahar Yadav (Cr. Appeal No. 615 of 2002) has been sentenced to undergo rigorous imprisonment for seven years under sec. 376 read with Sec. 511 of the I.P.C. and for life under sec. 302 I.P.C. The remaining three appellants Jugal Yadav @ Chugal Yadav, Arun Yadav and Upendra Yadav @ Upen Yadav (Cr. Appeal No. 520 of 2002) have been sentenced to undergo rigorous imprisonment for life under sections 302/ 149 read with Sec.109 of the I.P.C. The trial court has not awarded any separate sentence for the offence under S.C. & S.T. (Prevention of Atrocities) Act, 1989.

(2.) THE prosecution case in brief, as appearing from the Fardbeyan (Exhibit -6) of Laxman Rishideo (RW. 15) recorded on 10.1.98 at 17.00 hours at village Katawan near dead body of deceased Rani Devi @ Rania, is that at 1.30 P.M. the victim Rani Devi ((THELAW)) Rania alongwith her Mousi (Mother 'sSister) Anandi Devi (RW. 18) had gone to the west of their house in the field to pluck "Sag" (a vegetable) and to collect firewood. While they were returning at around 3 P.M. and had reached near the west of bamboos clumps belonging to the victim, the five named accused persons were seen plucking the leaves of bamboos and also cutting small branches and grazing their cattle. On protest by the victim and her Mousi, Anandi Devi (P.W. 18) the accused persons abused them and also threatened them with dire consequences and on further altercation accused Babloo Yadav with bad intention caught hold of the deceased, a sister of the informant and dragged her towards a ditch near the bamboo clumps. On seeing this Anandi Devi rushed for help to informant 'shouse and reached back with the informant and some other villagers near the bamboo clumps. They allegedly heard the cries of the victim and on going nearer to the ditch they saw accused Babloo Yadav getting up, after committing rape upon the victim and thereafter allegedly accused Jawahar Yadav was intending to commit rape upon her. On protest of the informant and others such as P.W. 3, RW. 4 and RW. 14 the victim got up and wanted to catch the accused persons whereupon accused Arun Yadav gave orders to kill the victim otherwise she would implicate them in the offence of rape. Thereupon accused Upendra Yadav and Jugal Yadav pulled her down in the ditch. Accused Jawahar Yadav struck with an axe across the left side of her neck, thereafter accused Arun Yadav uttered that victim was not yet dead and then accused Babloo Yadav gave another axe blow across the left side of neck and she died instantaneously. Accused persons thereafter fled away. Allegedly people from the neighbourhood had come and seen the occurrence and also heard about it.

(3.) THE prosecution, in order to prove its case and the charges has examined 20 witnesses. As noticed earlier P.W. 1 is the doctor. P.W. 2. Jagdish Yadav, P.W. 3, Dhaneshwar Rishideo, P.W. 4, Narain Rishideo, P.W. 5, Chandra Rishideo, P.W. 6, Debo Rishideo, P.W. 7, Shatrughan Rishideo, P.W. 8, Bhuneshwar Rishideo, P.W. 9, Kunkun Rishideo and P.W. 10, Bindeshwari Rishideo, (PWs. 3, 4 and 10 being named in the F.I.R. as eye witnesses) have given short statements in their examination -in -chief that they are not aware of the alleged occurrence. They have been declared hostile alongwith P.W. 16, Suraj Rishideo, P.W. 18, Anandi Devi ("Mousi" of the deceased and named in the F.I.R. as an eye witness), P.W. 19, Satto Rishideo and P.W. 20, Acharmani Devi, P.W. 11, Gobardhan Yadav, P.W. 12, Brahamdeo Yadav, P.W. 13, Birendra Yadav and P.W. 14, Lalo Rishideo (claimed to be an eye witness) have been tendered for cross - examination only.