AKSHAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 02.08.2014 and 05.08.2014 respectively passed by learned 3rd Ad hoc Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 241 of 1995/Supplementary Trial Serial No. 226 of 2013 by which and whereunder he convicted the appellants for the offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code and accordingly, sentenced them to undergo rigorous imprisonment for life for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and to pay a fine of Rs. 50,000/- each and in default of payment of fine, to undergo simple imprisonment for two years and furthermore, to undergo rigorous imprisonment for three years for the offence punishable under Section 148 of the Indian Penal Code. It is pertinent to note here that by the same impugned judgment of conviction and sentence order, the learned Additional Sessions Judge convicted one accused Daroga Roy for the offence punishable under Section 302 and 148 of the Indian Penal Code and accordingly, sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,00,000/- for the offence punishable under Section 302 of the I.P.C. and in case of default in payment of fine to further undergo rigorous imprisonment for three years only and to undergo rigorous imprisonment for three years for the offence punishable under Section 148 of the Indian Penal Code. However, the sentences were ordered to run concurrently. The amount of fine was to be paid to the wife of deceased as well as his dependents and if no dependent is found alive, the amount of fine was ordered to be credited in the account of Victim Compensation Fund created under Section 3 of Bihar Victim Compensation Scheme, 2011 and if it is found that fund has not been created as yet, the amount of fine was ordered to be credited in the account of Prime Minister's Relief Fund, Government of India.

(2.) Originally, PW-4 Binder @ Rabindra Singh Yadav filed complaint case bearing Complaint Case No. 347 C of 1991 before the court of Chief Judicial Magistrate, Bhojpur, Ara on 03.08.1991 which was converted into Piro P.S. Case No. 83 of 1992 but the police submitted final form in the aforesaid case. However, a protest petition was filed by the PW-4 Binder @ Rabindra Singh Yadav which was converted into complaint case bearing Protest-cum-Complaint Case No. 159 C of 1992 and the enquiring court having found prima facie case against the appellants and accused Daroga Roy as well as Dharikchan Yadav summoned the appellants and accused Daroga Roy and Dharikchan Yadav and subsequently, committed the case to the court of sessions. However, during pendency of sessions trial, accused Dharikshan Yadav died and proceeding against him was dropped by the learned trial court vide order dated 07.03.2003. Subsequently, the appellants stood charged for the offence punishable under Sections 302 read with Section 149 of the Indian Penal Code. Furthermore, the appellants along with accused Daroga Rai stood charged for the offence punishable under Section 148 of the Indian Penal Code. The accused Daroga Rai was, separately, charged for the offence punishable under Section 302 of the Indian Penal Code. The appellants and accused Daroga Rai denied the charges and claimed to be tried.

(3.) In course of trial, prosecution examined, altogether, six witnesses and got exhibited post mortem reports of deceased Shamhut Yadav and Bihari Yadav as Ext. 1 and 1/1, deposition of Dr. Ashok Kumar Choudhary recorded in Sessions Trial No. 45 of 1992 as Ext. 2, original complaint petition dated 008.1991 of Complaint Case No. 347 C of 1991 as Ext. 3 and photostat copy of injury reports of injured Bhuti Singh, Devendra Yadav, Sipahi Singh and Umesh Singh as Ext. 4. The statements of appellants and co-accused Daroga Rai was recorded under Section 313 of the Cr.P.C. in which they denied the prosecution story. The appellants and co-accused Daroga Rai also got exhibited charge sheet of Piro P.S. Case No. 120 of 1991 as Ext. A and certified copy of judgment passed in Sessions Trial No. 45 of 1992 as Ext. B in their defence. The learned trial court after perusing the evidences available on the record convicted and sentenced the appellants and accused Daroga Rai in the manner as stated above.