DEVI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Sole appellant Devi Yadav has preferred this appeal against the judgment of conviction and sentence passed by 9th Additional Sessions Judge, Munger, in Sessions Case No. 275 of 1976 on 10.2.1986 by which this appellant was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life. The appellant was, however, acquitted of charge under Section 324 of the Indian Penal Code. One co- accused, Niru Gope, had died during the pendency of the trial.

(2.) The prosecution case in brief is that on 7.4.1975 at about 7.00 a.m. while Rajo Yadav was going for harvesting his ripe barley crop; this appellant, Devi Gope, along with Niru Gope chased him and Niru Gope assaulted with lathi and this appellant hit him on his head by a tangi as a result of which he sustained bleeding injury and fell unconscious. Further case of the prosecution is that informant, Darshan Yadav, the father of Rajo Yadav, reached there, who was also assaulted by this appellant, by a tangi blow on his leg. After the occurrence Rajo Yadav and Darshan Yadav were brought to Sono State Dispensary where they were given first aid and Rajo Yadav was sent to Jamui Hospital for treatment. P.W. 7, Darshan Yadav lodged first information report in Sono Police Station at 10.00 a.m. on 7.4.1975, was registered under Sections 342 and 324 of the Indian Penal Code and subsequently after the death of Rajo Yadav in the hospital after 14 days Section 302 of the Indian Penal Code was also added. The police after due investigation submitted charge-sheet against this appellant and Niru Gope and after taking cognizance and commitment this appellant was put on trial and was convicted as aforesaid. The other accused Niru Gope had since died.

(3.) The defence, as gathered from suggestion put to P.Ws. and the statement of the appellant under Section 313 of the Criminal Procedure Code, appeared to be that the appellant was falsely implicated in this case as a counter blast of a case filed by Niru Yadav alleging assault by the informant and deceased and that in that course Rajo Yadav and the informant were assaulted by the villagers.