(1.) In Criminal Appeal (DB) No.03 of 2012, Bihari Yadav is the appellant, in Criminal Appeal (DB) No.79 of 2012, Anirudh Yadav is the appellant and in Criminal Appeal (DB) No.110 of 2012, Girdhari Yadav and Adalat Yadav are the appellants, which arise out against the common judgment of conviction, dated 22.11.2011 and sentence, dated 30.11.2011 passed by the Additional Sessions Judge, Fast Track Court-IV, Begusarai in Sessions Trial No.251 of 2009, on account thereof, have been heard analogously and are being disposed of by a common judgment.
(2.) As per judgment of conviction, appellant Girdhari Yadav has been found guilty for an offence punishable under Section 302/ 120B of the I.P.C., whereunder directed to undergo rigorous imprisonment for life as well as also fine of Rs.10,000/- in default thereof, to undergo simple imprisonment for six months, additionally, under Section 307/ 120B of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years as well as also to pay fine of Rs.5,000/- in default thereof, to undergo simple imprisonment for three months additionally, Adalat Yadav, Anirudh Yadav and Bihari Yadav for an offence punishable under Section 302/ 149 of the I.P.C. read with Section 120B of I.P.C. and sentenced to undergo rigorous imprisonment for life as well as to pay fine Rs.10,000/- and in default thereof, to undergo simple imprisonment for six months independently, Section 307/ 149 read with Section 120B of the I.P.C. and further, directed to undergo rigorous imprisonment for 10 years as well as also slapped with fine appertaining to Rs.5,000/- in default thereof, to undergo simple imprisonment of three months additionally, to undergo rigorous imprisonment for seven years for an offence punishable under Section 27 Arms Act with a further direction to run the sentences concurrently.
(3.) Pw-5 had filed written report before Officer-incharge, Balia P.S. disclosing therein that in usual way while he was returning from Begusarai Court to Bhagatpur his native place with his brother Ram Sharan Yadav, Baijnath and his son Ganesh Yadav accompanied them from Balia Bazar. At about 5.00 p.m., they reached near grocery shop of Suresh Mahto of Bhagatpur, where Adalat, Anirudh, Bihari, Vijay, Shivji along with 3-4 unknown persons armed variously encircled Ram Sharan Yadav and further, ordered to kill.