BRIJ NANDAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted for the offence under Section 302 read with Section 149 I.P.C. and sentenced to undergo rigorous imprisonment for life. Appellant Govind Yadav was further convicted under Section 148 and rest of the appellants under Section 147, I.P.C. But there is no separate sentence.

(2.) The case of the prosecution, in brief, is that on 13-8-1984 at about 4 p.m. while deceased Ramji Yadav got down from a bus at Ramgarh Chowk and started proceeding towards Dakstan, all the accused persons variously armed with lathi, khanti and iron rod surrounded the deceased and assaulted him with their respective weapons. Informant Rameshwar Yadav (P.W. 4) having noticed the cruel act of the accused persons raised alarm whereupon Paras Nath Yadav, Arjun Yadav, Baleshwar Yadav, Balmiki Yedav and several others arrived and saw the appellants chasing and assaulting the deceased Ramji Yadav. It is further alleged when Ramji Yadav fell down, all the accused persons fled away. Ultimately, at, about B p.m. Ramji Yadav succumbed to the injuries in the hospital. Cause of incident, as disclosed in the first information report is land dispute. It is stated that deceased Ramji Yadav had purchased four big has of land from the brother of appellant Coving Yadav. But the accused persons including Govind Yadav were not allowing Ramji to take possession:

(3.) The appellants in their defence pleaded not guilty and stated that they have been falsely implicated.