STATE OF BIHAR Vs. DHANESHWAR YADAV

JUDGEMENT

(1.) THE Death Reference Case No. 16 of 2007 has been referred for confirmation of death sentence imposed by the trial court in S. T. No. 593 of 2006/ t. R. No. 238 of 2007. Cr. Appeal No. 1502 of 2007, Cr. Appeal No. 7 of 2008 and Cr. Appeal no. 10 of 2008 have been filed against the judgment and order passed by Additional sessions Judge, Fast Track Court No. V, banka in Sessions Trial No. 593 of 2006/ trial No. 238 of 2007. By the judgment and order dated 5. 12. 2007 and 6. 12. 2007 the appellants Dhameshwar Yadav, Naresh yadav, Suresh Yadav, Umesh Yadlav alias umesh Rai and Ashok Yadav have been convicted lander Sections 302/149, 353 and 120b of the Indian Penal Code. They all have been awarded death sentence, for their conviction under Section 302/149 of the Indian penal Code, for conviction under Section 353 and 120b of the Indian Penal Code no separate sentence have been awarded.

(2.) THE prosecution case as disclosed from the fard beyan of Homeguard No, 10707 uday Kant Jha, driver of police jeep No. BR 10a-9453 of Anandpur Police station, and informant of Chandan (Anandpur) P. S. Case no. 82 of 2005 is that he along with Bhagwan singh, the Officer-in-charge of Anandpur o. P. , constable Braj Bhushan Prasad, constable nityanand Kumar and other police constables and Chaukidar had gone to the place of occurrence in village Gaura where a fair was held on the occasion of Kali Puja. The Officer-in-charge of Anandpur O. P. had received information that 2-4 days earlier an incident had taken place in between umesh Rai and his rival at village Gaura in which a bomb was exploded. At about 3 P. M. the informant and other persons came at village Gaura, took tea and refreshment in the Mill of Umesh Rai. On account of Mela there was huge crowd. During patrolling in mela on 3. 11. 2005 at about 5 P. M. a group of 30-40 terrorist started making scuffle with the constables and also opened fire from their rifles. The Officer-in-charge also opened fire but prior to that one of the terrorist fired upon the Officer-incharge and receiving injury he fell down. Thereafter continuous firing was made from the terrorist side. The informant and Chaukidars who were unarmed started fleeing away from the place of occurrence. Terrorists took away the rifle and pistol of Officer-in-charge. During firing constable Braj Bhushan Prasad and constable Nilyanand Kumar also received injury. The Officer-in-charge as well as the constable succumbed to their injuries. The informant came at Chandan Anandpur O. P. and there his fard beyan was recorded under Sections 147, 148, 149, 323, 307, 379 and 302 of the Indian Penal Code, under section 3/4 of Explosive Substance Act and 17 of Criminal Law Amendment Act (hereinafter referred to as the C. L. A. Act) against unknown.

(3.) NAME of appellants were impleaded as accused on suspicion and after investigation charge sheet was submitted against them. They were put on trial, charges were framed against them under Sections 302 / 149. 307/149, 147, 148, 323, 120b, 353/ 149, 379/149 of the Indian Penal Code as well as Section 27 of the Arms Act and 17 of c. L. A. Act.