MUNNA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four Appellants have challenged their conviction and sentence dated, 12.09.2002 rendered by the Fast Track Court No. 1, Gaya in Sessions Trial No. 23 of 2002/451 of 1993. Appellant Ram Bhajan Yadav has been convicted u/s. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and rest three Appellants have been convicted u/s. 323. of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.

(2.) PROSECUTION story in brief is that on 25.10.1992 at about 6.00 PM the informant Nand Kumar Yadav (PW 6) along with his father and other family members was sitting at Darwaja of his house. In the mean time Appellant Munna Yadav in drunken state came from the side of Bela Bazar and began to hurl abuses upon them. The informant and his family members protested, upon which Munna Yadav began to scuffle with them and also made noises. Thereupon, other Appellants armed with lathi and fasuli came and assaulted the prosecution party, as a result the father of the informant, Tuhal Yadav, brother Mahendra Yadav received injuries. Tuhal Yadav received serious injury on his head and became unconscious.

(3.) SIX accused persons including these four Appellants and Budh Ram Yadav and Ram Naresh Yadav put on trial, however, after trial the above named two accused persons have been acquitted.