KUBER YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All the Appellants have been convicted under Sec. 120-B of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 1000.00, the Appellants Rameshwar Yadav, Badri Yadav and Santosh Yadav have further been convicted under Sec. 302 of the Indian Penal Code whereas rest of the Appellants have further been convicted under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. 5000.00, further the Appellants Rameshwar Yadav, Badri Yadav and Santosh Yadav have been convicted under Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 1000.00 vide Judgment of conviction dated 28.10.2013 and Order of sentence dated 31.10.2013 passed by the Additional Sessions Judge-I, Ara, Bhojpur, in Sessions Trial No. 557 of 2006 + 837 of 2007 + 598 of 2007 + 282 of 2010.

(2.) The case of the Informant Shankar Mishra (P.W.5), according to his Fardbeyan given on 16.09.2003 at 06.00 A.M. to Ram Babu Mandal, Officer Incharge of Arah (Mufassil) Police Station, is that on 15.09.2003 at about 04.00 P.M., his two deceased brothers Ram Narayan Mishra and Tej Narayan Mishra were sitting along with the rest of the family members when Appellant Santosh Yadav and one Ashok Yadav came to his door and called both of them. He also followed them being curious as to where they are going. When they reached at 'Barka Inar', he saw several accused including the present Appellants waiting there with arms. Appellant Santosh Yadav and accused Ashok Yadav are said to have declared that they had brought the enemy at which Appellant Bhikhari Yadav ordered the rest to shoot them dead. At this, the deceased Ram Narayan Mishra was caught hold of by Vyasar Choudhary (now dead) and Appellant Lavkush Yadav and, thereafter, Appellant Badri Yadav and accused Sanjay Yadav (absconder) shot at him near his ear. Appellant Rameshwar Yadav also fired on his head at which he died then and there. His other brother Tej Narayan Mishra was caught hold of by the Appellants Ram Gahan Yadav, Nand Jee Yadav and Kuber Yadav and, thereafter, Appellant Santosh Yadav shot him on his face due to which he also died. The accused persons also fired at him but somehow he was saved. The reason for the occurrence was pendency of some criminal cases between them. The occurrence is said to have been witnessed by Vijay Shankar Mishra, Lavkush Mishra, Kesho Prasad Mishra and Satya Narayan Mishra but none of them were examined on behalf of the prosecution. We find that the Fardbeyan does not contain the signature of any witness. In the format of F.I.R., it is written that 'Returned to P.S. and Registered Arrah (M) P.S. Case No.150 of 2003 and S.I. Surendra Lal Deo, Incharge of Dhobha O.P. is already investigating the case and he will continue". We also find in the first page of the format that while the date and time of the occurrence is 15.09.2003 at 04.00 P.M., the information is said to have been received on 16.09.2003 at 06.00 A.M. The First Information Report is also registered at the same time, i.e., 06.00 A.M. The relevance of the aforesaid entries, we would explain as we proceed.

(3.) During trial, the prosecution examined altogether 9 witnesses.