RAJENDRA @ RAJO GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appeals have been taken up together as they arise out of the same judgment and order of the Sessions Court and having been heard together are being disposed of by this common judgment.

(2.) By the aforesaid judgment and order all the seven appellants have been convicted under Sec. 302 read with Sec. 34 I.P.C. for committing the murder of Dharamveer Yadav in furtherance of their common intention and each of them have been sentenced to undergo Rigorous Imprisonment for life and each of them to pay a fine of Rs. 1,000/- to the informant, namely, the father of the deceased, Dharamveer Yadav, and in default there of to undergo Simple Imprisonment for one month. That apart appellants Sulochan Yadav and Chandreshwar Yadav have also been found guilty for commission of the offence under Sec. 323 I.P.C. and each of them have been sentenced to undergo Rigorous Imprisonment for one month. There was a direction for the sentence to run concurrently.

(3.) The prosecution case as set out in the fardbeyan of Kishori Yadav (P.W.7) given to the A.S.I. of Barh Police Station on 12.2.1995 at around 9 P.M. in the Barh Sub Divisional Hospital, was to the effect, that earlier the same day at around 6.30-8. P.M. he along with his son, deceased Dharamveer, were in their bathan where the aforesaid accused, namely, Rajendra @ Rajo Gope @ Rajendra Yadav, Upendra Gope @ upendra Yadav, Chandeshwar @ Chandeshwar Yadav, Sunil Yadav, Haran Yadav, Sulochan Gope @ Sulochan Yadav, and Ramashray Gope @ Ramashray Yadav variously armed with farsa and lathi arrived and accused Rajendra Yadav allegedly abusing the informant stated that your bhabhu unnecessarily raises bulla and enters into a quarrel with the female inmates of his house over the door of the room housing the chaff (bhusa) being kept open when her house was adjacent thereto. The informant is said to have objected to the abuses being hurled whereupon Rajendra Gope again started abusing and exhorted the remaining intruders to assault. Following the orders Ramashray Gope armed with a lathi assaulted Dharamveer, the son of the informant, on his head with intent to kill, and as a result thereof Dharamveer fell to ground whereupon the other accused persons also assaulted him. The informant is said to have rushed there to save the son but he too was assaulted on his leg by Sulochan Yadav and Chandeshwar Yadav by means of lathi as a result whereof he fell down. It is further said that on alarm being raised Nago Yadav, Bijo Yadav and Suryadeo Yadav arrived whereupon the accused went away after advancing threats. The injured are said to have been removed to the Barh Hospital and in view of the informant's son being in serious condition, his case was referred to Patna and the informant was treated at the Barh Hospital.