JAGDISH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The aforesaid two Appeals were preferred against the judgment and sentence dated 28th September 1993 passed in Sessions Trial No. 71 of 1976 by Sri Ashok Kumar Verma, learned 6th Additional District and Sessions Judge, Arrah. In the said case altogether 35 persons were made accused however 27 accused persons were tried and finally 17 accused persons were acquitted and 10 persons were held guilty and sentenced. In Cr. Appeal (DB) No. 441 of 1993 Rajeshwar Yadav/appellant no. 3 was convicted under section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. He was further also convicted under section 324 of the Indian Penal Code and sentenced to under go rigorous imprisonment for three years and further under section 148 of the I.P.C. he was sentenced to undergo rigorous imprisonment for three years. Mohan Ahir/appellant No. 4 in Cr. Appeal (DB) No. 441 of 1993 was convicted under section 307/149 of Indian Penal Code and directed to undergo rigorous imprisonment for seven years and he was further convicted under section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years; Raj Ballam Ahir/Appellant No. 6 in Cr. Appeal (DB) No. 441 of 1993 was convicted under section 307 of I.P.C. and sentenced to undergo rigorous imprisonment for seven years. He was further convicted and sentenced under section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years. Accused-Sheonath Yadav/appellant No. 8 in Cr. Appeal (DB) No. 441 of 1993 was held guilty and convicted under section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. He was further convicted and sentenced under section 147 of the Indian Penal Code and directed to undergo rigorous imprisonment for one year. Accused-Baban Yadav/appellant No. 1 in Cr. Appeal (DB) No. 497 of 1993 was held guilty and convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He was also convicted and sentenced under section 307 of the Indian Penal Code and directed to undergo rigorous imprisonment for seven years. He was further convicted and sentenced under section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years. During the pendency of the aforesaid Appeals i.e. Cr. Appeal (DB) No. 441 of 1993 appellant No. 1/Jagdish Yadav; appellant No. 5/Rambalak Yadav; appellant No. 2/Shital Yadav and appellant No. 7/Jalim Singh died and as such their cases were abated and they were expunged from the record by order dated 29.06.2017. So far appellant No. 2/Janeshwar Yadav in Cr. Appeal (DB) No. 497 of 1993 is concerned he also died during pendency of the appeal and his case was abated and his name was expunged from the record by the said order dated 29.6.2017. So far position of 27 appellants who were finally tried accused Mahanand Ahir, Ragho Ahir, Sukul Ahir, Madan Ahir, Deolok Ahir ; Jai Kishun Ahir, Bujhawan Ahir, Suresh Ahir, Dhunmun Ahir, Nand Kumar Ahir, Bacha Ahir, Sakhi @ Sakhichand Ahir, Bhorik Ahir, Ram Ayodhya Ahir and Ram Pravesh Ahir were acquitted. By the same judgment after conviction 10 appellants had preferred aforesaid appeal and during pendency of the appeal altogether five appellants died and their name were expunged and only five appellant survived.

(2.) The prosecution case in short is that on 22.3.75 in the morning before sun rise informant Nand Kumar Rai was sitting at his Dalan. At that time the accused Ballam Ahir, Taluk Ahir, son of Taluk Ahir, Ramjee Ahir, Gopal Ahir, Bifan Ahir, younger brother of Gopal Ahir, Mohan Ahir and Jagidsh Ahir, along with ten to twelve persons came there. The accused persons were armed with sticks, lathi and bahala and they abused the informant to which he protested. On hulla the people of village assembled. The accused persons assaulted the informant with stick, lathi and bhala and dragged him to the filed of Rajballam Yadav. The accused persons also assaulted Birendra Rai, Munsi Rai, Kashi Rai, Ayodhaya Rai, Devendra Rai, Daswat Rai and Bacha Rai. The accused persons had detained the informant in the field and threatened him to kill. Ram Swaroop Rai put fire in the Bundle of paddy straw of Perma Rai and he also put fire in his PUAL in defence. According to prosecution the boys of Ahir had uprooted the gram crop of the field of the informant and the informant had complained about it to the accused persons and due to this the accused persons had committed the offence. The fardbyan of informant Nand Kumar Rai was recorded by S.I. of police Sri S.N. Dubey of Sahar P.S. on 22.03.75 at 10.15 hours at village Ekwari. Subsequently Birendra Singh alias Birendra Rai died due to the injury caused to him by the accused.

(3.) On the basis of fardbyan of Nand Kumar Rai formal F.I.R. was registered vide Sahar P.S. Case No. 10 (3) 75. In the F.I.R. seven persons were specifically named and besides seven named accused it was alleged that in the occurrence 10-12 other persons had also participated. F.I.R. was lodged initially for the offence under section 147/148/149/307/435,/342 of the Indian Penal Code against accused persons namely Ballam Ahir, Baban Ahir, Ramji Ahir, Gopal Ahir, Bifan Ahir, Mohan Ahir, Jagdish Ahir and other 10-12 accused persons ; however subsequently after the death of injured Birendra Rai section 302 of the Indian Penal Code was added. In the case number of witnesses had received injuries and thereafter, their injuries were got examined by the Medical Officer. During investigation case was found true and charge sheet was submitted against nine accused persons namely Ballam Ahir, Baban Ahir, Ramjee Ahir, Gopal Ahir, Bifan Ahir, Mohan Ahir, Jagdish Ahir, Sheonath Ahir and one Ram Swaroop Ahir, who was shown as absconder. After submission of charge sheet at the time of cognizance the learned Magistrate took cognizance against charge-sheeted accused persons and other four accused persons namely Singhasan, Rajeshwar Yadav, Janeshwar Yadav and Shital. Thereafter, on 20.03.1976 the case was committed to the court of sessions. The case of thirteen accused persons were committed to the court of sessions and thereafter on 28.05.1979 charges were framed against the accused persons, which are as follows:-