RAJENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant on repeated calls, on account thereof, learned Advocate Sri Animesh Kumar Mishra has been requested to assist the court as an Amicus Curiae.

(2.) Vide judgment of conviction dtd. 16/1/2009 and order of sentence dtd. 19/1/2009 passed by Additional Sessions Judge, FTC-III, Purnia in Sessions Trial No. 313 of 1992/116 of 2006 while other co-accused have already been acquitted, appellant, Rajendra Yadav has been found guilty for an offence punishable under Sec. 326 of the IPC and sentenced to undergo RI for 5 years.

(3.) On 14/9/1987 at about 5:30 PM, Bhuneshwari Yadav (since deceased) recorded first information report alleging inter alia that his son, Brahmdeo Yadav while was engaged in harvesting of jute crop with the help of labourers, all of a sudden, Rajendra Yadav, Amrica Yadav, Jarmani Yadav, Dilip Yadav, Bindeshwari Yadav, Deonandan Yadav, Lutan Yadav, Kapil Yadav, Tanuklal Yadav and others armed variously raided the plot, abused and then, Tarni Yadav shot at his son but, his son has a narrow escape as he sat at the relevant moment. Thereafter, Rajendra Yadav who was armed with axe gave a blow over head of the son with an intention to kill causing injury thereupon. His son lied down. Thereafter, others also assaulted him with Lathi. He rushed in rescue and during course thereof, Tarni Yadav again fired aiming him but anyhow, he also escaped therefrom. On hue and cry as well as hearing sound of firing, villagers began to assemble seeing whom, accused persons fled away. Then thereafter, the victim has been lifted to police station in an unconscious condition. The motive for occurrence has been shown as being frustrated in having the land under dispute, having been purchased by him from Bindeshwari Das, firstly, accused persons filed Bataidari Case and having lost, thereafter, committed the crime in order to dispossess.