AKSHAY YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No. 696 of 2015 as well as Criminal Appeal (SJ) No. 735 of 2015 arise out from common judgment of conviction and sentence, on account thereof, heard conjointly and are being decided by a common judgment.

(2.) Appellants, Akshay Yadav, Judge Yadav and Gaya Yadav have been found guilty for an offence punishable under Section 326/34 of the IPC and each one has been directed to undergo R.I. for ten years as well as to pay fine appertaining to Rs. 20,000/- and in default thereof, to undergo R.I. for six months vide judgment of conviction and sentence dated 30.09.2015 passed by the Additional Sessions Judge, IXth, Rohtas at Sasaram in Sessions Trial No. 314/1997.

(3.) Jag Narayan Yadav, PW.4 recorded First Information Report on 17.08.1994 at about 09:45 PM alleging inter alia that on the same day at about 06:00 PM his Pattidar Gaya Yadav, Judge Yadav and Akshay Yadav sons of Sita Ram Yadav were cutting the mound of his house whereupon he along with his son Brij Nandan Singh protested saying that on account of cutting of mound the house will collapse. However, accused persons did not pay heed to it as a result of which, altercation took place and during course thereof, Judge Yadav and Akshay Yadav ordered to kill whereupon, Gaya Yadav went to his house and came with Bhala and then, gave Bhala blow over Brij Nandan Singh with an intention to commit murder which cause injury at right intercostal region. Brij Nandan Singh fell down. Seeing this, all the accused persons fled away. With the assistance of his co-villager Ramashish Yadav, Guru Prasad Yadav and others Brij Nandan Singh has been carried to police station.