PARMESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these two appeals arise out of the same judgment and same facts are involved in both of them. Therefore, with the consent of the parties and for their convenience, they have been heard together and are being disposed of by this common judgment.

(2.) All the nine appellants (seven in Cr.A.246 of 1982 and two in Cr.A.311 of 1982) have been convicted under S.302/149 of the Penal Code (hereinafter referred to as 'the Code') and each of them has been sentenced to undergo rigorous imprisonment for life. They have been further convicted under S.148 of the Code but no separate sentence has been awarded under this count. Appellants Raghuni Yadav and Surajdeo Yadav have been further convicted under S.324 of the Code for causing hurt to Rambachan Yadav and each of them has been sentenced to undergo rigorous imprisonment for one year under this count. Appellant Ramdahin Yadav has also been convicted under S.324 of the Code for causing hurt to Binda Yadav and has been sentenced to undergo rigorous imprisonment for one year under this count. Appellant Bulkan Yadav has also been convicted under S.324 of the Code for causing hurt to Ramnandan Yadav and has been sentenced to undergo rigorous imprisonment for one year. Appellant Bachan Yadav has been convicted under S.323 of the Code for causing hurt to Ramnandan Yadav with a Lohbanda and has been sentenced to undergo rigorous imprisonment for six months. All the sentences have been directed to run concurrently.

(3.) The prosecution story, as unfolded by P.W.9, the informant Ramnandan Yadav, is that on 2nd Sept., 1976, at about 6.30 to 7 p.m. he was sitting in the Sahan in front of his house along with his brothers Inder Yadav (the deceased), Binda Yadav (P.W.3), Rambachan Yadav (P.W.1) and they were gossiping among themselves. At that very time these appellants came there from north, variously armed. Appellant Parmeshwar Yadav is alleged to have asked them as to why they have tied buffaloes on his darwaja. The informant and his brothers replied that they have tied their cattle on their own land. Parmeshwar Yadav then gave order to kill and saying this, he himself gave a garasa blow on the head of the deceased Inder Yadav. Appellant Sheonandan Yadav gave another garasa blow on the head of Inder Yadav but while warding off that blow his fingers were cut. Appellant Ramji Yadav gave a bhala blow on the head of the deceased Inder Yadav and appellant Bachan Yadav gave a Lohbanda blow on him. The informant and the other two brothers tried to save Inder Yadav. Thereupon appellant Bulkan Yadav assaulted the informant with garasa on his head, accused Sita also assaulted him with garasa and Bachan Yadav assaulted him with Lohbanda. Appellants Raghuni Yadav and Surajdeo Yadav assaulted Rambachan Yadav with garasa while appellants Ramdahin Yadav and Bhagirath Yadav assaulted Binda Yadav with garasa. Inder Yadav, after receiving the injuries, fell down there and died. Thereafter the appellants went away.