RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are four appellants in Cr. Appeal No. 176/86 whereas there is one appellant in Cr. Appeal No. 202/86. These appellants were charged and tried before the 4th Additional Sessions Judge, Gaya, for the offence punishable under Section 302 I.P.C. for the alleged murder of Balmiki Sharma on 31st of May, 1980 at Aliganj Middle School which is 12 K.M. South-West of Ghosi Police Station.

(2.) General Election for Bihar Assembly Was held in the year, 1980. Ghosi was one of the Assembly Constituencies. There was a polling booth at Aliganj Middle School. The voters had formed que for casting their votes. Sagar Singh (informant) of village Chopha which falls within the Ghosi P.S. along with his Covillagers, Madhvendra Sharma, Ragho Singh, Siri Niwas Sharma, Madan Sharma and Balmiki Sharma arrived at the polling booth at about 8.40 a.m. and stood in que for casting their votes. In the meantime some slogan was heard from an orchard at about 20 bamboos from the polling booth. The informant also heard some sounds of gun fire and immediately, thereafter, a mob of about 100 persons raided the polling booth with guns and rifles in their hands. The informant identified appellants, Lala Yadav and Rajendra Yadav in the mob. Lala Yadav was holding rifle and Rajendra Yadav had a double barrel gun. As soon as they came to the booth, Rajendra Yadav gave order to kill the persons who had come to cast their votes thereupon Lala Yadav aimed his rifle at Balmiki Sharma, and opened fire. Balmiki Sharma was hit by the shot and he fell down on the floor. Informant and the other persons standing near the booth started running away helter and skelter. Lala and Rajendra picked up the body of Balmiki Sharma and started dragging him. Some persons of the mob took away the ballot papers and ballot boxes. Sagar Singh reached Ghosi Police Station at about 4.15 p.m. and submitted a written report of the occurrence on the basis of which case under Sections 302, 201, 147, 148, 149 and 302, I.P.C. and Section 27 of the Arms Act was registered against Lala Yadav and Rajendra Yadav and 100 unidentified persons. The dead body of Bharat Sharma could not be traced out and, accordingly, the Investigating Officer heard that the dead body of the deceased was cut into pieces and disposed of at some unknown place. He did not make any effort to trace out the dead body.

(3.) It is significant to note that although the murder is alleged to have been committed, at a polling booth No. 128 official report of the occurrence was given at the Police Station. During investigation it transpired that three other appellants who do not figure in the written report of the informant were also involved in the occurrence and so charge- sheet was submitted against the named accused, namely, Lala Yadav and Rajendra Yadav and, remaining three of the appellants, namely, Nand Kumar Yadav, Raghu Yadav and Khayali Yadav