DOCTOR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appeals arise out of the same judgment dated 25th day of July, 2006 and order dated 27th July, 2006 passed by learned Additional Sessions judge, F. T. C. II, Khagaria, in Sessions Case no. 363/2000/sc 326/2000 and therefore, they have been heard together and are being disposed of by this common judgment.

(2.) ALL the nine appellants have been tried together and convicted for the offence under section 148/302/302 read with Section 149 of the I. P. C. For the offence under section 148 of the I. P. C. , they have been sentenced to undergo R. I. for two years and for the offence under Section 302 and also for the offence under Section 302 read with section 149 bf the I. P. C. , they have been awarded life imprisonment. All the sentences have ,been ordered to run concurrently.

(3.) THE prosecution case as appearing from the Fardbeyan of P. W. 1 Bijay Kumar yadav recorded on 15-4-1999 at 4. 30 p. m. , in short, is to the effect that on the same date, Mintu Yadav, aged about 15 years, son of the informant, and Ramraj Yadav, son of ram Dular Yadav, aged about 10 years (nephew of the informant) had taken away buffaloes for grazing purpose at about 9 a. m. to the east of the village in Kothiya Bahiyar Kalyani Diyara. After some time, the informant also went to cut green grass in the same Bahiyar. At about 2. 30 p. m. Mintu yadav and Ramraj Yadav were coming back from Bahiyar and were seated on their respective buffaloes. When they reached near the field of Ramakant Yadav, then all the 13 named accused, including nine appellants and four to five unknown persons came from south. Accused Ram Bahadur Yadav (now dead) and appellant Mantu Yadav pulled down Mintu and Ramraj from the buffaloes and ordered for completing the work expe-ditiously. Karo Yadav alias Kamlesh Yadav, brajesh Yadav and Mithilesh Yadav caught the hands and legs of Ramraj Yadav whereas appellant Shambhu Yadav, Jaldhari Yadav, nawin Yadav and Doctor Yadav caught the hands and legs of Mintu Yadav. Appellants shubhash Yadav and Shankar Yadav used the axes in their hands on the neck of Mintu whereas appellant Neti Yadav and Hareram yadav used their axes on the neck of Ramraj to cut his neck. Both the boys shouted. At that time, the informant saw Duro Devi (P. W. 5), the mother of the deceased Ramraj, who was coming from the west searching for her son. On hearing the cries of the two boys, Duro Devi came running and saw the occurrence. All the accused after committing the crime ran towards south. Then the informant and P. W. 5 went near the two boys and found bleeding injuries on their necks and bodies and both were found dead. On their shouting, people working in the bahiyar, namely, Balmiki Yadav (P. W. 3) and hareram Yadav (P. W. 2) also came running and saw the accused persons while they were fleeing away. The reason for the occurrence was said to be the murder of brother of Shubhash Yadav, one day prior to the alleged occurrence.