RAMU YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Aforesaid two appeals were preferred against judgment dated 29th May, 1993 as well as order dated 3rd June, 1993 on the point of sentence passed by Sri J.P.Paul, learned 1st Additional Sessions Judge, Madhubani (hereinafter referred to as 'Trial Judge') in Sessions Trial No. 36 of 1983/90 of 1985 (arising out of Jainagar P.S. Case No. 120 of 1982) registered for offence under Sections 302, 201, 120(B) of the Indian Penal Code and as such, both the appeals were heard together and are being disposed of by this common judgment.

(2.) By the said judgment, all the aforesaid appellants were held guilty and convicted under Sections 120(B) & 201 read with Section 302 of the Indian Penal Code and all the accused persons were sentenced to undergo rigorous imprisonment for 14 years under Section 120(B) of the Indian Penal Code and under Section 201 read with Section 302 of the Indian Penal Code, they have further been sentenced to undergo rigorous imprisonment for three years. It appears that learned Trial Judge inadvertently, instead of recording sentence of 14 years under Section 201 r/w Section 302 of Indian Penal Code, has recorded sentence of 14 years under Section 120B of the Indian Penal Code and sentence of three years under Section 120(B) of Indian Penal Code has incorrectly recorded Section 201 r/w Section 302 of Indian Penal Code.

(3.) Prosecution case in short is that one Bindeshwar Mahto (P.W.7) son of Late Durga Mahto of village Khaira Tole , P.S. Jainagar along with his villagers Ram Prasad Yadav (not examined), Asheshar Mahto (P.W.-6) came to the Jainagar Police Station on 24.09.1982 at about 9:00 A.M. and gave fardbeyan in respect to the occurrence that took place on 23.09.1982, which was recorded by Sri Nand Kishore Choubey (P.W.-9), SubInspector of Jainagar Police Station. It was alleged by the informant that on 23.09.1982 at about 6:00 P.M., he was at his house. At that time, Ram Bhajan Tatwa, son of Bilas of village Marhiya, Tole Kamala Bari came at the door of his house and he met his nephew Shyam Chandra Mahto, aged 25 years, son of Kapleshwar Mahto to accompany him and so both of them proceeded in the Baadh situated in the south of his village. At the time, in the south of the village where his nephew Shyam Chandra Mahto and Ram Bhajan Tatwa had gone, Sital Yadav, son of Sunderlal Yadav and Kushwa Sahni, son of Faguni Sahni of village Marhiya, tole Kamala Bari were talking between themselves and they also went in the Baadh situated in the south of the village following his nephew Shyam Chandra Mahto and Ram Bhajan Tatwa. At about 7:00 P.M., he also went in the south of the Baadh to see his field and there he heard cry that murder was committed. On hearing this cry, he went ahead and flashed the torchlight. In the flash of the torchlight, he saw Ramu Yadav, Bisundeo Yadav, Bechan Yadav, Ramautar Yadav, Balgovind Yadav, Brahmdeo Thakur, Ram Chandra Thakur alias Kaila of village Khaira Tole, P.S. Jainagar, Sunderlal Yadav, Sital Yadav, Ram Bhajan Tatwa, Kushwa Sahni of village Marhiya, P.S. Basopati armed with spade, bhala and lathi assaulting his nephew Ram Chandra Mahto. At the flash of torchlight, among them Ramu Yadav and Brahmdeo Thakur proceeded towards him. He put off the flash of the torchlight and returned back out of fear. There, he found his co-villagers Ram Bilas Mahto, son of Late Shiv Mahto, Ram Prasad Yadav, son of Late Janki Yadav, Persuram Mahto, son of Faudar Mahto and Asheshar Mahto, son of Chaudhary Mahto, who had gone in the Baadh to irrigate and see their field. He told them that he saw his nephew Shyam Chandra Mahto being assaulted by aforesaid named accused persons in the field of Chaudhary Mahto, son of Late Nebat Mahto and then, he along with them proceeded towards the field of Chaudhary Mahto. Then, there was no cry of his nephew. He saw all accused persons were carrying the dead body of his nephew Shyam Chandra Mahto towards east south. When he along with aforesaid witnesses reached in the field of Chaudhary Mahto, he saw huge quantity of blood there. He also found blood on the field being cleaned with the help of spade. In the west of it in the corner of sugarcane field , he also found blood. He came to the conclusion that his nephew had been murdered and his dead body had been taken away by them. He along with other villagers, as named above, searched out the dead body in the Baadh, but the dead body of his nephew was not found. He also found blood in the barren land of Saryu Singh. He also saw a Gamachha of his nephew in the field of Chaudhary Mahto, where huge quantity of blood was found. He and his co-villagers searched out the dead body of his nephew Shyam Chandra Mahto in the night and in the early morning, but no any trace was found. The reason for the occurrence was that his nephew Shyam Chandra Mahto had taken Sital Yadav and Sunderlal Yadav to Darbhanga with Rs. 5000/- which was made double . Again, his nephew went to Darbhanga with Sunderlal Yadav along with Rs. 45,000/- to make it double. This time, this Rs. 45000/- could not be made double. So, there had been scuffle among his nephew Shyam Chandra Mahto, Sunderlal Yadav & his son Sital Yadav and Sunderlal Yadav had slapped his nephew in village Dullipatti and had told his nephew that he had done misappropriation of his 45,000/- rupees. Apart from above, his nephew had also filed a case against accused Ramu Yadav and others for irrigating field.