HIRALAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 12.6.2002 passed by Sessions Judge, 1 st Fast Track Court, Ara in Sessions Trial No. 290/92 whereby appellant No. 1, Hiralal Yadav, has been convicted for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and appellants No. 2 to 5, namely, Kamta Yadav, Kashinath Yadav, Bhim Yadav and Ajodheya Yadav have been convicted for the offence under Section 302 read with Section 149 of the IPC. The all have been awarded imprisonment for life for the aforesaid offence. They have also been convicted under Section 148 of the IPC but no separate sentence has been awarded for that offence.

(2.) The prosecution is based upon Fardbeyan of Ramji Yadav (PW 6), a nephew of Ramayan Yadav (deceased), recorded on 16.11.1991 at 10.30 am. In brief, the prosecution case is that on 16.11.1991 at about 9.00 am, appellant Ajodheya Yadav armed with a Lathi and the other 4 appellants armed with Bhala were ploughing a field belonging to the informant in which he had already planted crop of potatoes. Informant went to forbid on which appellant Kashinath Yadav exhorted others to kill the informant. Hiralal Yadav caused a bleeding injury on the head of the informant with a Bhala. The informant in order to save his life shouted on which from his house came his uncle, Ramayan Yadav (deceased), his father Dharichhan Yadav (PW 1) and his brother Bir Bahadur Yadav (PW 3), who attempted to save him. Hiralal Yadav caused a Bhala injury on the chest and abdomen of Ramayan Yadav who fell down and became unconscious. Father of the informant, Dharichhan Yadav (PW 1) was assaulted with Bhala by Kashinath Yadav and Kamta Yadav causing injuries on abdomen, back of the body and hand. PW 1 also fell down. Bir Bahadur Yadav (PW 3) was also assaulted by Ajodheya Yadav with Lathi and also by Bhim Yadav with Bhala on head causing bleeding injury. On the hulla raised by the informant and his party, Dudhnath Yadav (PW 2) and Jagdish Yadav came and saved them. Others from the village also came and thereafter the accused persons stopped assaulting and fled away. The reason for the occurrence was said to be dispute over land and litigation in the past which had resulted in court case also.

(3.) It appears that after recording the Fardbeyan (Exhibit 4), Assistant Sub Inspector Surajdeo Ram (PW 9) registered Tier PS Case No. 30/91 dated 16.11.1991 under Sections 147, 148, 149, 323, 324, 307 IPC and himself took up investigation. The formal FIR (Ext.5) shows that the police station was situated very close to the place of occurrence only at about 300 yards on the west. Exhibit 5 further shows that formally Section 302 was not added by the Investigating Officer by way of correction in the FIR although he had sought a permission for the same from the court of learned Magistrate on 16.11.1991 itself by informing the court that Ramayan Yadav, uncle of the informant Ramji Yadav died in the way while being taken to Bihia Hospital for treatment. The Investigating Officer (PW 9) inspected the place of occurrence, seized blood stained earth from the place of occurrence, prepared inquest report (Ext.3) sent the dead body for postmortem examination and obtained postmortem report, recorded the statement of witnesses including further statement of the informant and submitted charge sheet for the offence under Section 302 and other Sections of the IPC. After taking cognizance, the learned Magistrate committed the case to the Court of Session where charges were framed for various offences including the offence for which the appellants have been convicted. The accused appellants pleaded not guilty to the charges. After trial, they were found guilty leading to their conviction and sentence as noticed earlier.