SITU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three Criminal appeals arising out of Single Judgment, are directed against the judgment of conviction and sentence passed on 12-5-1995 in T.S. Nos. 661/92 and 352/94, heard and disposed of together by the Vth Additional Judicial Commissioner, Ranchi, by which the appellants of Criminal Appeal No. 45/95(R) were convicted under Section 342/149 of the Indian Penal Code and were sentenced to undergo RI for two years and appellants of Criminal Appeal Nos. 51/95 (R) and 61/95 (R) were connected under Section 302/149 of the Indian Penal Code and were sentenced to undergo RI for life.

(2.) The prosecution case in short, as contained in the fardbeyan (Ext. 1) of Kalawati Devi (PW 4), widow of deceased Ramji Yadav is that on 19-4- 1982, at about 6 a.m. Ramji Yadav with agricultural implements left for preparing land of his field at Chamargarhi Don and his two sons accompanied him with cattle for grazing. At about 7 a.m. Sewanti kumari, daughter of the informant informed her about a meeting in village, and being perturbed, she rushed towards the field, where her husband and sons had gone to work and on reaching there, she saw 24 accused persons, including these appellants, variously armed, surrounding her husband, Ramji Yadav. Further case of the prosecution is that she saw the appellants, Sukra Oraon and Sukru Oraon who had caught the hands of her husband and that accused, Fagu Oraon and Husna Oraon assaulted Ramji Yadav with Balua as a result of which Ramji Yadav (deceased) fell down on the earth and thereafter all the accused persons assaulted him and when she tried, to save her husband, she was also assaulted by the appellants, Nandan Yadav, Situ Yadav, Sheo Narayan Yadav and Suresh Oraon as a result, of which she fell down in water. Further case is that the appellants, Jitbahan Oraon and Dharma Oraon cut (sic) the neck of her husband causing his death on the spot and thereafter the accused persons fled away. The informant claimed to have sustained injury on her head and hands and on other parts of her body and she remained there by the side of the dead body of her husband where ASI S. K. Singh (PW 1), on hearing a rumour, arrived at 8.30 a.m. there and recorded her Fardbeyan.

(3.) On the basis of the aforesaid Fardbeyan, Chanho P.S. case No. 47/92 was registered against 24 accused persons and the police, after due investigation, submitted chargesheet. The case of two accused, Dhaneshwar Oraon and Etwa Oraon were separated as they were juvenile. Charges could not be framed against Rajendra Oraon and Fagu Oraon since they were absconding at that time but subsequently Fagu Oraon was arrested and supplementary chargesheet was submitted against him and his case numbered as ST. No. 352 of 1994 was also added and thereafter, by order dated 27-9-1993, both sessions trials were amalgamated and the trial proceeded together.