BANDEY LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three criminal appeals arise out of a common judgment dated 27th June, 1995 passed by learned 1st Additional Sessions Judge, Saharsa in Sessions Trial No.41 of 1990. The appellants in Criminal Appeal (DB) No.189 of 1995 namely Bandey Lal Yadav and Sachchidanand Rai @ Sachchidanand Yadav have been convicted under Section 147 of the Indian Penal Code. The appellants in Criminal Appeal (DB) No.212 of 1995 namely Shambhu Yadav, Binda Yadav @ Bindi Yadav, Bechan Yadav and Mallar Yadav have been convicted under Sections 302/149 of the Indian Penal Code, whereas two appellants namely Ashok Yadav and Jainandan Yadav in Criminal Appeal (DB) No. 215 of 1995 have been held guilty under Sections 302, 302/149 and 148 of the Indian Penal Code and both of them have been accordingly convicted to undergo rigorous imprisonment for life. No separate sentence has been passed under Sections 302/149 and Section 148 of the Indian Penal Code. The appellants in Criminal Appeal (DB) No.212 of 1995 have been sentenced to undergo life imprisonment under Sections 302/149 of the Indian Penal Code. The appellants Bandey Lal Yadav and Sachchidanand Rai @ Sachchidanand Yadav in Criminal Appeal (DB) No.189 of 1995 have been sentenced to undergo rigorous imprisonment for one year under Section 147 of the Indian Penal Code.

(2.) The prosecution case as appearing from the records of the trial court and upon perusal of the judgment is briefly stated as under;-

(3.) It is alleged that the four accused persons who have entered into bus forcibly dragged out Dhana Mandal out of the bus, Bandey Lal Yadav and Shambhu Yadav ordered to kill him calling that he was a litigant and was indulged in usurping the land of the other persons. It is further alleged that Ashok Yadav fired from his gun which hit the head of the deceased and he fell down. The second firing was caused by accused Jainandan Yadav on the chest of the deceased. The other persons assaulted him by lathi as a result of which Dhana Mandal succumbed to his injuries and died on the spot itself. PW-3 thereafter stated that on hearing sound of firing a number of persons from Jamhara village assembled who had seen the occurrence as well and will tell about the same.