BASUDEO YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two Criminal Appeals have been filed against the judgment and order of 2nd Additional Sessions Judge. Bhagalpur dated 12th May, 1988 in sessions trial No. 356 of 1979 where the trial judge held the accused appellant Bishundeo Yadav guilty for the commission of offence punishable under Section 307 and held the accused-appellants Jagdish Yadav and Chunchun Yadav guilty for the commission of the offence punishable under Section 307 read with Section 109, I.P.C., and awarded the accused-appellant Bishundeo Yadav a sentence of six years' rigorous imprisonment, and awarded the accused-appellants Jagdish Yadav and Chunchun Yadav each a sentence of four years' rigorous imprisonment.

(2.) According to the prosecution case Bodh Narain alias Pramod son of Bhola Prasad-injured P.W. 4 and Usha Devi, daughter of the accused Jagdish Yadav were in love with each other, and Jagdish Yadav instituted a case of kidnapping of her daughter against Samful Prasad-injured P.W. 3 and others; that the area police recovered Usha Devi and brought her to the Police Station in the afternoon on 8th September, 1978; knowing it Samful Prasad Singh P.W. 3, Bhola Prasad Singh, P.W. 4, Ratnesh Singh P.W. 6, Gokul Singh, P.W. 5 and Jiwan Prasad Singh, P.W. 1 arrived at the Police Station in the evening at 5 P.M. or about, and they saw that the accused Jagdish Yadav and Chunchun Yadav (father and uncle of Usha Devi) were talking with Usha Devi, and later both these accused persons talked with the Homeguard Constable Bishundeo Yadav ; the Homeguard Constable Bishundeo Yadav asked Samful Prasad and others to arrange the returning of the girl Usha Devi to her father; Samful Prasad and the familymen of Bodh Narain @ Pramod told Bishundeo Yadav that the girl Usha Devi was now in their family and, therefore, there was no question of her return.

(3.) As the dark hours of the night were there, all these six persons, namely, Jiwan Prasad P.W. 1, Miteshwar Rai, P.W. 2, Samful Prasad-injured P.W. 3, Bhola Prasad Singh-injured P.W. 4, Gokul Singh, P.W. 5 and Ratnesar Prasad Singh-injured P.W. 6 happened to occupy the southern verandah of the Police Station building, where the light of electric bulb of the adjacent temple within the compound of the Police Station was giving light; and they saw that the accused Jagdish Yadav and Chunchun Yadav were talking with the Constable Bishundeo at 12 in the night; that all these six persons were lying in the Verandah but they were not in full sleep, and at about 1.30 A.M. in the night they saw that the accused Jagdish Yadav and Chunchun Yadav again talked to Homeguard Constable Bishundeo Yadav who was on duty inside the Police Station. All these accused persons Jagdish Yadav and Chunchun Yadav asked the Homeguard Constable Bishundeo Yadav to open fire on them who were lying in the southern Verandah of the Police Station; the accused Bishundeo Yadav opened four rounds fire and his fired bullets caused fatal injuries on Samful Prasad, Bhola Prasad and Ratnesar Prasad; the accused Chunchun Yadav and Jagdish Yadav fled away from the compound of the Police Station; hearing the sound of firing the Homeguard Constable Bir Bahadur Singh informed P.W. 8 who was sleeping in the eastern verandah of the Police Station got up and rushed towards the temple, and he saw this Constable Homeguard accused Bishundeo Yadav firing from his rifle on the persons who were lying in the southern verandah.