MUDRIKA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since both these appeals arise out of the same judgment of conviction and the order of sentence, with the consent of the parties, both these appeals were heard together.

(2.) The present appeals have been preferred against the judgment of conviction, and the order of sentence, dtd. 30/3/1999, passed by learned Additional Sessions Judge-I, Nawada, in Sessions Trial No. 323 of 1997/78 of 1998, arising out of Rajauli Police Station Case No. 42 of 1997, whereby the appellants, namely, Rajendra @ Karu Yadav and Indradeo Yadav, were convicted under Sec. 302 of the Indian Penal Code; whereas the appellants, Mudrika Yadav, Kanhai Yadav, Girja Yadav and Ratan Yadav, were convicted under Ss. 302 read with Sec. 149 of the Indian Penal Code. Consequent upon their conviction, the appellants were sentenced for life imprisonment.

(3.) The prosecution case, as unfolded in the fardbayan of the informant, Kuldeep Yadav (PW 3), is that in the intervening night of 31/3/1997/1/4/1997, the informant was sleeping, along with his grandfather and father in the baithka of his house. At about 1 AM, his grandfather went out of the house to ease himself, and on his crying, the informant, along with his father woke up and from the door, they saw that Rajendra Yadav was having sword in his hand, Indradeo Yadav, having garasa in his hand, Mudrika Yadav, having lathi in his hand, Girja Yadav, having lathi in his hand, Ratan Yadav, having lathi in his hand and Kanhai Yadav was having lathi in his hand. Mudrika Yadav brought down the grandfather of the informant, Ratan Yadav caught legs of his grandfather and on the orders of Girja Yadav and Ratan Yadav, Rajendra Yadav chopped the neck of the grandfather of the informant. Indradeo Yadav also assaulted on the neck of the grandfather of the informant by means of garasa, due to which the neck of his grandfather was separated from the body. Due to fear, neither the informant nor his father went there. When the accused persons fled away, they raised alarm, upon which the ladies of the house and co-villagers reached there, to whom the informant narrated the entire incident. The informant has further disclosed that due to a case for passage with the accused persons and enmity with them, the present incident had taken place. The informant has further stated that it was a moon-lit night in which they identified the accused persons.