SUKHDEO YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in the present Criminal Appeal is to the judgment dated 16th day of March, 1994 passed by the learned 2nd Additional Sessions Judge, Munger, in Sessions Trial No.149 of 1993. By the impugned judgment, the present appellants along with two other accused were held guilty for the offences under Section 302 read with Section 34 of the Indian Penal Code. They were sentenced to undergo rigorous imprisonment for life. During the pendency of the present appeal, the two other convicts namely, Brahamdeo Yadav in Criminal Appeal (DB 159 of 1994) and Sukhdeo Yadav (in the present appeal) died and, therefore, the appeals preferred by them stood abated. This appeal now survives only with respect to the convict Dasrath Yadav.

(2.) The prosecution case is based on the Fardbeyan (Ext.3) of one Indradeo Paswan who alleged that on 28.01.1993 Sukhdeo Yadav (since deceased) had taken away Khesari crop from the field of the informant which was seen by the father of the informant. There had been a quarrel between the ladies of the family of Sukhdeo Yadav and that of the families of the informant over this issue. It is alleged that at 09.30 A.M when the informant went with his father to prepare his Khalihan near Pachna Chowk, the accused Sukhdeo Yadav, Dasrath Yadav and Brahamdeo Yadav lashed with Lathi in their hand came there. Brahamdeo Yadav (since deceased) assaulted father of the informant on his head by Lathi because of which the father of the informant fell down and became unconscious. Accused Dasrath Yadav gave a Lathi blow on the father of the informant which hit left hand finger of his father. It was further alleged that when the informant tried to save his father, accused Brahamdeo Yadav assaulted the informant by Lathi which hit the left hand of the informant. It is stated that on Hulla many people assembled at the place of occurrence but the accused persons fled away.

(3.) The Fardbeyan of the informant was recorded on 29.01.1993 giving rise to Sheikhpura P. S. Case No.15 dated 29.01.1993 under Section 323/307 of the Indian Penal Code and Section 3 of the Prevention of Atrocities on Schedule Caste and Schedule Tribes Act, 1961. After two days, on 31.01.1993, Sections 302 and 34 of the Indian Penal Code were also added in the First Information Report because of the death of the father of the informant in course of his treatment. The formal First Information Report has been proved as Ext.4.