RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Kari Yadav has been convicted under Section 302 of the Indian Penal Code along with other appellants, namely, Ram Yadav, Kripal Yadav, Dhyani Yadav and Chhote Yadav under Section 302/149 of the Indian Penal Code. Appellants, Kripal Yadav, Dhyani Yadav and Chhote Yadav have been further convicted under Section 201 of the Indian Penal Code. For the former offence they have been sentenced to Undergo rigorous imprisonment for life and for the latter offence the three appellants, namely, Kripal Yadav, Dhyani Yadav and Chhote Yadav have been sentenced for seven years rigorous imprisonment.

(2.) According to the prosecution, P.W. 12 Lambodar Khan, resident of village Mashariya had possessed land at village Narkatiya which was looked after by his Ziratis Tripati Choudhary. On 15.9.1973 at about 2 P.M. accompanied by Pitamber Choudhary (P.W. 3), he went to see his field to village Bhandaria on a boat since, the land fell in the flood belt of the river Koshi. He saw the appellants with their she -buffaloes grazing his 'Talaba' paddy. Tripit Choudhary who was nearby protested against the grazing leading to exchange of hot words. Appellant Ram Yadav then ordered to kill Tripit Choudhary and to throw him in the water. Following his command, appellant Kari Yadav gave a blow on the head of Tripit Choudhary with a lathi and appellants, Kripal Yadav, Dhyani Yadav and Chhote Yadav lifted Tripit Choudhary bodily and threw him to Harba Dhar a tributary of river Koshi and pressed his body under the water and thus pushed it into the deep running water. Lambodar Khan (P.W. 12) who was on the boat at some distance raised alarm and rushed towards the field where the occurrence took place. Besides the informant (P.W.13). Pitamber Choudhary (P.W.3) Kan Rai (P.W.4) and Dinesh Jha (P.W.4) also arrived at the spot. Seeing the informant and others arriving at the spot the appellants drove their she -buffalaes in the current of the water and fled away. The informant and others searched the dead body of the deceased Tripit Choudhary in the Narbs Dhar but could not trace it out and returned home. On the following day, that is to say, on 16.9.1976 they further made searching to trace out the dead body but could not find the informant, while he was still looking for the dead body however, learnt that the police had arrived. He returned to his house and made statement to A.S.I. Ramesh Chandra Singh (P.W.15) of Ghansyampur Police Station. After the fardbeyan the police also started searching the dead body and found it at a place South -West from the field in which the occurrence had taken place at a distance of about 500 yards in the Bandh of village Jaipur. He thereafter sent the dead body of Tripit Choudhary to Darbhanga Medical College Hospital for the post mortem examination.

(3.) In the inquest P.W. 15 found injuries on the head of the dead body and in the post mortem examination, held on 18.9.1973 at about 10 A. M. at Darbhanga Medical College Hospital by P.W. 9 Dr. J. K. Lal, who Was the Professor and the Head of the Department of Forensic Medicine of the Medical College, one lacerated wound 1 "1 1/4" upto bone en the left side of hand with fracture of left parital bone was found. After investigation police submitted charge -sheet. In the eventual trial, the prosecution examined 15 witnesses. The defence also examined as many as five witnesses and maintained that the appellants had been falsely implicated on account of the old enmity and Tripit Choudhary had been tilled by some unknown persons.