STATE OF BIHAR Vs. NAND KISHORE YADAV

JUDGEMENT

(1.) DEATH Reference No. 13 of 2007 has been made to the High Court for confirmation of the judgment and order, dated 03.10.2007, passed by the Additional District & Sessions Judge, Fast Track Court, IV, Samastipur, in Sessions Trial No. 46 of 1996.

(2.) Trial Court as by the impugned judgment and order has convicted Nand Kishore Yadav for offence under Sections 302, 201 and 120B of the Indian Penal Code and sentenced him to be hanged till death for committing the offence under Section 302 of the Indian Penal Code. No separate sentence has been passed for conviction under Sections 201 and 120B of the Indian Penal Code. Nand Kishore Yadav has preferred Cr. Appeal No. 1402 of 2007 for setting aside the judgment and order of sentence, passed by the Trial Court. The prosecution case unfolded in fardbeyan of informant, Ganga Prasad Yadav (P.W. 8), before the Offier -in -Charge of Bibhutipur Police Station on 04.02.1995 at 09.30 a.m. is that on 03.02.1995 at 10.30 a.m. The informant (P.W. 8) was returning home after cutting mustard (tori) crop. At that time he saw his neighbour, Nand Kishore Yadav, with his son, Saroj Kumar Rai, aged about seven years. Nand Kishore Yadav was giving a cycle ride to the son of the informant. At that time, one Ashok Yadav was also with them. The informant after taking lunch, again, went to his field and came back home at 05.00 p.m. On coming back he asked his wife about the son and she replied that she has not seen him since 10.00 a.m. and last she saw him in the company of Nand Kishore Yadav and Ashok Yadav at 11.00 a.m. The informant, along with his cousin, started searching his son and also enquired at the house of Nand Kishore Yadav and Ashok Yadav, but, they were not present at their houses. The informant with the help of villagers tried to search his son in the night, but, could not go to the Police Station because it was already quite late.

(3.) ON the next day, i.e., 04.02.1995 at about 07.00 a.m. in the morning villagers, Ramashish Yadav and Yogendra Yadav, came to inform the informant that the dead body of his son, Saroj, is lying in the maize field of Nawal Kant Jha. Informant and his family members rushed to the spot and found dead body of Saroj in the field. The informant and his family members started crying out of grief. In the meantime, two girls, namely, Phulo Kumari and Asha Kumari disclosed before them that on 03.02.1995 at 12.00 p.m. while they were scraping grass, they saw Nand Kishore Yadav and Ashok Yadav assaulting the deceased in the 'Arhar ' field. They heard cry of Saroj and rushed towards the field. They saw Ashok Yadav pressing the mouth of Saroj and Nand Kishore Yadav pressing chest of Saroj. Both girls, thereafter, came back to their field. At that very time Ashok Yadav came and threatened the girls of dire consequences, in case they will disclose this incident to any one. Out of fear they went to their house and did not disclose it to any one. The motive alleged in the occurrence is previous enmity in between the informant and the accused persons.