KISHORI YADAV @ KISHORI GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been heard together and are being disposed of by this common judgment because they arise out of same impugned judgment and order of conviction. There are three appellants in Cr.Appeal No. 147 of 2002. Appellant No. 1, Kishori Yadav @ Kishori Gone has been convicted under Section 302 read with Sec. 34 of the IPC and awarded Rl for life. Appellants No. 2 and 3, Ram Lagan Yadav @ Goru Yadav and Chhotey Lall Yadav have been convicted under Sec. 326 read with Section 34 of the IPC and awarded Rl for three yars each. They have been further convicted under Sec. 27 of the Arms Act and awarded Rl for one year. Their sentences are to run concurrently. The sole appellant in the other appeal, Devan Yadav has been convicted under Sec. 302 IPC and sentenced to Rl for life. He has further been convicted for offence under Section 27 of the Arms Act and sentenced to two years Rl, both the sentences are to run concurrently.

(2.) THE prosecution case as mentioned in fardbeyan of Baleshwar Yadav, the injured who subsequently died, was recorded by Sub -Inspector of Police, S. Sharma of Asthawan Police Station on 20.11.1981 at 1500 hours at State Dispensary, Asthawan. The case of the prosecution, in brief, is that on 20.11.1981 at about 9:00 A.M. the informant had gone to Noraiyabagh, east of his village Konan for harvesting paddy from his field along with his wife, Gauri Devi (PW -4) and his brother, Sukhram Yadav (PW -1). There all the four accused - appellants along with their father Narayan Yadav came armed with weapons. Devan Yadav, Chhote Lall Yadav and Goru Yadav were having country made guns in their hands and Kishori Yadav was armed with a Garasa. They questioned the informant as to why he was harvesting the paddy. The informant claimed that he had purchased the land through sale deed. On that all the accused began to abuse and accused Devan Yadav with country made gun in his hand fired upon the informant which caused injury on his head, waist, abdomen and all over his body and the informant fell down unconscious. The wife of the informant was assaulted by accused, Ram Lagan Yadav @ Goru Yadav with lathi and she sustained injuries. The occurrence was allegedly witnessed by co - villagers. Jugal Yadav and many other villagers. Seeing the informant in injured condition the accused persons ran away and thereafter he was lifted and brought to Asthawan Hospital by members of his family.

(3.) IN course of trial the prosecution examined altogehter four witnesses. It has already been noticed that PWs -1 and 4 who are brother and wife of the deceased are mentioned in the fardbeyan. PW -2, Ram Khelawan Yadav, father of the deceased has also claimed to be an eyewitness. PW -3 Nanhey Yadav has deposed in a formal manner claiming that his father had sold the paddy field in question to the deceased.