MUKHLAL YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) All the appellants stand convicted under Sections 307/149 of the Indian Penal Code and sentenced to undergo R.I. for seven years and appellant nos. 4, 5, 6 and 7 have been convicted under Section 148 of the IPC to undergo R.I. for three years and further appellant nos. 1, 2, 3, 8, 9, 10 and 11 have been convicted under Sections 147 of the IPC to undergo R.I. for two years.

(3.) The prosecution case as appears from the fardbeyan of Awadhesh Singh recorded by S.I. Sri S.K.Mawar of Aurangabad Police Station on 22.9.1994 at about 30 P.M. in short is that when he went towards his field which is situated south of his village, he saw that Ari (ridge) was broken and in the adjoining filed, appellant Dhanesh Yadav, Ramesh Yadav, Janeshwar Yadav and Kailash Yadav were doing sohari (removing grass from the field) and appellant Mukhlal Yadav and Ramlal Yadav were moving on the ridge and when he asked about the same, Mukhlal Yadav and Ramlal Yadav ordered to kill him and on which Janeshwar Yadav and Kailash Yadav caught hold him and Janeshwar Yadav assaulted him by Bhala which hit on head near ear and Rameshwar Yadav assaulted by Lathi which hit on wrist and on the body and on hulla his brother Bijay Singh and Rekha Singh came running and Sheopujan Singh Yadav, Birju Yadav, Shyamlal Singh, Kameshwar Singh Yadav surrounded them and assaulted by Lathi, Bhala and Garasa causing injury to them. Thereafter the villagers assembled there and the accused persons fled away.