PAWAN KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL these appeals arise out of the same judgment and, as such, they were heard together and are being disposed of by this common judgment.

(2.) APPELLANTS , altogether 27 in number, have preferred these appeals against the judgment and order dated 3rd of August, 2001, passed by the Additional Sessions Judge, Bhagalpur in Sessions Trial No. 592 of 1992 (T.R. No. 80 of 1995), whereby he has held all the appellants excluding sole appellant Niranjan Yadav of Criminal Appeal No. 437 of 2001 guilty under Section 302/149 of the Indian Penal Code. Niranjan Yadav has been found guilty under Section 302 of the Indian Penal Code simplicitor. By the said judgment, appellants Niranjan Yadav, Sri Mohan Yadav @ Mohan Yadav (Appellants of Cr. Appeal No. 400 of 2001), Umesh Yadav (sole appellant in Cr. Appeal No. 492 of 2001), Manth Lal Yadav and Anandi Prasad Yadav (Appellants in Cr. Appeal No. 412 of 2001) have also been found guilty under Section 27 of the Arms Act, Appellant Niranjan Yadav found guilty of offence under Section 302 of the Indian Penal Code has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - (five thousand), in default to undergo rigorous imprisonment for six months. All other appellants found guilty of offence under Section 302/149 of the Indian Penal Code have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ -(one thousand) each, in default to suffer rigorous imprisonment for three months. Those appellants found guilty of offence under Section 27 of the Arms Act have been sentenced to undergo rigorous imprisonment for three years. Sentences were directed to run concurrently.

(3.) APPELLANTS being annoyed on that account, alongwith other 8 to 10 persons, came to the residence of his cousin Diwakar Yadav at 8.30 a.m., surrounded his house and protested as to why he had disclosed their names and stated that he shall be killed. According to the First Information Report, appellant Niranjan Yadav was armed with rifle, whereas appellants Manth Lal Yadav and Anandi Prasad Yadav were armed with Muskets. Appellant Umesh Yadav is alleged to have been armed with a single barrel gun and all other persons armed with small or big arms. At that time his cousin (Puhphera Bhai) Ranjit Kumar Yadav also of village Khutha came there on a Motorcycle and asked the accused persons to stop doing illegal act, whereupon appellant Niranjan Yadav caught hold of him and started saying that he shall be killed. Thereafter all the accused persons dragged Ranjit Kumar Yadav towards the Bahiyar (field outside the village) and threatened to kill him. In order to save him P.W.8 Mahendra Yadav also went alongwith him and requested the accused persons to leave him but they took him in the Bahiyar, Seeing this, the informant alongwith P.W.1 Ashwani Kumar, P.W.2 Bibash Chandra Yadav, P.W.4 Sahilendra Kumar Yadav and P.W.6 Dilip Kumar Yadav besides other villagers of Koili followed them. When they came to the Baihiyar they saw that appellant Niranjan Yadav had shot dead said Ranjit Kumar Yadav with his rifle, west of the pond of Chachori Baihiyar near a date tree and Suraj Narayan Yadav had shot at P.W.8 Mahendra Yadav with his gun causing serious injury. Seeing them, according to the First Information Report, accused persons resorted to indiscriminate firing, threw bombs but they concealed themselves: In the meanwhile, police came and the accused persons fled away from the place of occurrence.