RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) As learned counsel for the appellants failed to turn up on account thereof, Sri Prem Chand Yadav has been requested to assist the court as an Amicus Curiae.

(2.) Appellants Rajendra Yadav, Bholi Yadav, Baso Yadav, Huro Yadav, Bhim Yadav and Subodh Yadav have been found guilty for an offence punishable under Section 147 of the IPC and each one has been sentenced to undergo S.I. for one year, under Section 148 IPC and sentenced to undergo S.I for 2 years, under Section 307/149 IPC and sentenced to undergo R.I for 10 years as well as to pay fine appertaining to Rs. 5,000, in default thereof, to undergo S.I for one year, under Section 323/149 IPC and sentenced to undergo S.I for one year, under Section 324/149 IPC and sentenced to undergo S.I for two years, under Section 325/149 IPC and sentenced to undergo R.I for 5 years as well as to pay fine appertaining to Rs. 2,000/- in default thereof, to undergo S.I for 6 months additionally, under Section 341/149 IPC and sentenced to undergo S.I for one month, under Section 447/149 IPC, and sentenced to undergo S.I for three months with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial should be set off as provided under Section 428 of the Cr.P.C, by the 1st Additional Sessions Judge, Jamui, vide judgment of conviction dated 11.09.2015 and order of sentence dated 15.09.2015 passed in connection with Sessions Trial No.75/2008.

(3.) Lakhan Mandal, (PW-10), filed a written report on 09.08.2007 disclosing therein that on the same day at about 7.00 A.M while he was ploughing his filed lying behind the house of Kartik Yadav, his co-villagers Rajendra Yadav, Subodh Yadav, Bholi Yadav, Baso Yadav came armed with lathi and danda and forbade him to plough the field. During midst thereof, Kartik Yadav, Fulo Yadav, Bhim Yadav also arrived and began to abuse. They provoked to assault whereupon, Subodh Yadav who was armed with sword gave a blow over his head, Rajendra Yadav assaulted him by lathi. On his alarm, his daughter-in-law Kunti Devi, wife Sajiya Devi came in order to rescue him and during course thereof, his daughter-in-law was assaulted by Huro Yadav with sword while rest assaulted her with lathi. His wife Sajiya Devi was assaulted by Subodh and Bhim Yadav. After assault, the accused persons have taken away his plough. It has further been disclosed that there happens to be cases pending with Rajendra Yadav and Kartik Yadav before the respective Court.