YADAV Vs. KAMLESHWARI YADAV, STATE OF BIHAR

JUDGEMENT

(1.) KAMLESHWARI Yadav alias Kamo Yadav, Ram Das Yadav, Ramanand Yadav and Murari Yadav were put on trial for committing the murder of Rajniti Yadav alias Lilo Yadav as also Balo Yadav in furtherance of their common intention, punishable under Sec. 302/34 of the Indian Penal Code.

(2.) They were also charged for illegal possession of firearms for illegal purpose of committing the murders of the aforesaid persons, punishable under Sec. 27 of the Arms Act. 4th Additional Sessions Judge, Begusarai by judgment and order dated 3rd of March, 2003 and 5th of March, 2003. held them guilty on both the counts and inflicted the sentence of death to each of the appellants unde Section 302/34 of the Indian Penal Code but no separate sentence was awarded under Sec. 27 of the Arms Act. The learned Judge has submitted the proceeding to this court under Sec. 366 of the Code of Criminal Procedure for confirmation of the death sentence which had led to registration of Death Reference Case No. 4 of 2003. Convicts (hereinafter referred to as the appellants) aggrieved by the aforesaid judgment of conviction and sentence have also preferred appeal which has been registered as Criminal Appeal No. 115 of 2003. Both the death reference and appeal were heard together and are being disposed of by this common judgment.

(3.) PROSECUTION started on the basis of oral statement given by P.W. 5 Mridul Yadav before the Officer -lncharge of Sahebpur Kamal Police Station on 17.5.2000 at 3 A.M. at village Sahebpur Kamal Nabtolia. According to the informant, he alongwith his father Balo Yadav were sleeping at the roof of his uncle 'shouse nearby. At about 1 A.M. both of them woke up at the alarm of his brother Rajniti Yadav alias Lilo Yadav to save him from inside the room situated at the ground floor of their house. Informant flashed the torch light and in that saw the four appellants herein besides four other accused standing in the courtyard. According to him, appellant Murari Yadav was armed with rifle and the remaining accused persons were armed with pistol. His father came down from the roof and rushed towards the room to save his brother Rajniti Yadav @ Lilo Yadav, from where she was raising the alarm. Informant heard the sound of hearing and saw his brother Rajniti Yadav @ Lilo Yadav fleeing away towards north. Out of the eight accused persons which included the appellants herein, five persons were standing at a distance of about 10 feet south of the road resorted to indiscriminate firing which caused injury to his brother and he fell down. According to the first information report, appellant Kamleshwari Yadav, accused Lalan Yadav and Asmani Yadav, who were armed with rifles, came out of the room where the sound of firing was heard. They threatened that in case anybody comes near them, they shall be shot dead. After committing the crime according to the prosecution, all the accused persons fled away towards north -east direction. After departure of the accused persons, when the informant went inside the room saw his father lying dead having gun shot injuries on the head and several parts of his body. He also went to his brother Rajniti Yadav @ Lilo Yadav, but found him dead with gun shot injuries on his person. After the incident, the villagers collected.