GOVIND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since appellants of both appeals have been convicted and sentenced by the common Judgment, both appeals were heard together and are being disposed of by common Judgment.

(2.) Appellant no.1, Govind Yadav (in Cr.Appeal No.261 of 1993) was convicted for the offence under Section 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He was further convicted under Section 307 of the Indian Penal Code and directed to undergo rigorous imprisonment for ten years. He has also been held guilty and convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. Remaining five appellants i.e. (i) Masudan Yadav (ii) Kapildeo Yadav (iii) Kailash Yadav (iv) Bijay Yadav and (v) Shreedhar Yadav were convicted under Section 302/149 of the Indian Penal Code and directed to undergo rigorous imprisonment for life. They were further convicted under Section 307/149 of the Indian Penal Code and directed to undergo rigorous imprisonment for ten years. They have further been held guilty and convicted under Section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for one year. Appellant Devendra Yadav (in Cr.Appeal No.375 of 1993) has been held guilty and convicted under Section 302 of the Indian Penal Code and directed to undergo rigorous imprisonment for life.Under Section 307 of the Indian Penal Code he was further held guilty and convicted and directed to undergo rigorous imprisonment for ten years. He has further been held guilty and convicted under Section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for one year. They have been convicted and sentenced by Judgment dated 25th May,1993 passed in Sessions Trial No.203 of 1987, arising out of Rajoun P.S. Case No.86 of 1986 by Sri Manohar Prasad, learned 1st Addl. Sessions Judge, Bhagalpur.

(3.) The prosecution case as per F.I.R. is that on 06.07.1986 at about 12.30 hours at the house of Sri Krityanand Yadav, Sri Narvadeshwar Mishra, Sub-Inspector of Police recorded his fardbeyan. In the fardbeyan, the informant disclosed that his step nephw are five brothers and the informant are two brothers from one mother. Khangi Batwara through Panchayati was already done. Even thereafter, they were residing in Janani Kita. In his share, he had got portion of Gohal ( cow-shed). The informant further disclosed that earlier he was asked by his step nephew Masudan Yadav to leave the place and construct house in his own portion. Thereafter, he got prepared bricks for the purposes of construction of his house and about 20 days back from the date of occurrence, he had started carrying bricks for the same purpose and construction to the some extent had started. Thereafter, he was asked by the accused persons not to make any construction, which was not agreed by him, whereupon there was mar-pit in between the parties. The informant disclosed that accused persons had got a notice served through an Advocate. The informant further stated before the Sub-Inspector of Police that on the same day at about 9.00 A.M., while he along with his son Jaikant Yadav ( P.W.2), Chandra Shekhar Yadav( P.W.1) and his cousin brother Gorelal Yadav ( deceased) was having breakfast in eastern side of verandah of his own portion, all accused persons, namely, Masudan Yadav carrying garasa, Devendra Yadav carrying country-made pistol in his hand, Mahendra Yadav carrying bhala in his hand, Surendra Yadav carrying Khanti , Shreedhar Yadav carrying lathi, Vijay Kumar Yadav carrying lathi, Kailash Yadav carrying sword, Kapildeo Yadav carrying bhala and Govind Yadav carrying pistol assembled there and unauthorisedly intruded on his portion of the land. Accused appellants Masudan Yadav and Govind Yadav exhorted to kill Mukhiya. Thereafter, accused Devendra Yadav and Govind Yadav, with a view to kill him fired two shots. However, the same did not hit him. The informant further stated that his cousin brother Gorelal Yadav wanted to proceed towards the informant side. In the meanwhile, Govind Yadav and Masudan Yadav ordered and, thereafter, Devendra Yadav fired one shot, which hit back side of his cousin brother and he fell down and instantaneously died. The informant further stated that after his brother died, accused persons started throwing bricks and they fled away. The informant said that the said occurrence was seen by him, his sons, his wife and other villagers. After recording fardbeyan at the place of occurrence near the house of the informant i.e. village- Malti , Police Station-Rajoun, District- Bhagalpur, the police on the same day i.e.06.07.1986 at 12.30 hours drew a formal F.I.R. vide Rajoun P.S. Case no.86/1986 and the Sub-Inspector of Police, who had recorded fardbeyan, himself started investigating the case. It is evident from the F.I.R. itself that the place of occurrence was about 12 Kilometer away from Rajoun Police Station.