NATTU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants in both the Appeals were tried together and convicted and sentenced by the same judgment , and as such, both the Appeals were taken up together for hearing and are being disposed of by this common judgment.

(2.) All the five appellants in two Appeals by judgment dated: 17.04.2013 were convicted for the offence under Sections 302/34 of the Indian Penal Code , 1860 ( hereinafter referred to as the "I.P.C." ) and by order dated 20.04.2013 under Section 302/34 of the I.P.C. all the appellants were sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- each. In case of default in payment of fine, they were directed to further undergo imprisonment for six months each. The judgment of conviction and sentence was passed by Sri Ram Prakash, learned Adhoc Additional District and Sessions Judge No. 2, Saharsa ( hereinafter referred to as the "trial judge") in Sessions Trial No. 223 of 2010 ( arising out of Salakhua P.S. Case No. 87 of 2009).

(3.) Short fact of the case is that on 06.05.2009 Sub Inspector of Police -cum- S.H.O. Banma Ethari Out Post, Sri Lallu Tiwari ( P.W. 10 ) recorded fardbyan of Rampari Devi ( P.W. 2), W/o Late Laddu Yadav (deceased). The fardbyan was recorded in village- Sugma Lakhanwa Bahiyar in the field of one Chakko Singh near Lala Innar which was a maize field. The informant disclosed that on the same day i.e. on 06.05.2009 at about 8.30 in the morning she along with her husband- Laddu Yadav (deceased ) was going to Sonbarsha Raj from her village- Kanjari for her treatment. Her husband as usual was going to Sonbarsha Raj Bazar for the purposes of sale of milk. While her husband reached the place of occurrence the informant was at some distance behind him and saw that (1) Rajaram Yadav, S/o Late Saryug Yadav, (2) Ranveer Yadav, S/o Dinesh Yadav, (3) Wakil Yadav [ appellant no. 1 in Cr. Appeal (D.B.) No. 411 of 2013], (4) Nattu Yadav [ appellant no. 1 in Cr. Appeal (D.B.) No. 524 of 2013] both Sons of - Gareeb Lal Yadav, (5) Ramotar Yadav (6) Lalo Yadav [ appellant no. 2 in Cr. Appeal (D.B.) No. 411 of 2013 ], both Sons of Pileshwar Yadav (7) Rajesh Yadav, S/o - Ramotar Yadav all residents of village : Kanjari , P.S. -Beldor, (8) Rajo Sadda, S/o Sukan Sadda, (9) Jagdish Sadda, both residents of village: Ram Pokhar, P.S. - Salakhaua O.P. Banma Ethari and (10) Jai Prakash Yadav, S/o Lakhan Yadav who was son-in-law of Dinesh Yadav came out from the maize field where they had kept concealed themselves. While her husband -Laddu Yadav arrived there then Rajaram Yadav [ appellant no. 2 in Cr. Appeal (D.B. ) No. 524 of 2013], Ranveer Yadav and Nattu Yadav [ appellant no. 1 in Cr. Appeal (D.B.) No. 524 of 2013] all carrying country made pistol in their hands called their men and surrounded the deceased and started firing. In the said occurrence her husband received gun shot injury in his mouth, below the ear, left side of chest and right side of the body. Other accused persons who had concealed inside the field all after coming out had surrounded her husband. After getting gun shot injury her husband fell down on the Earth and died. The reason for the occurrence was alleged that Dinesh Yadav, S/o- Late Kullo Yadav who was own elder brother of the deceased had earlier occupied about 50 karri of land from the Southern side. Due to this reason Dinesh Yadav conspiring with others had got her husband- Laddu Yadav killed by giving fire arm injury. She claimed that the occurrence was seen besides her by her devar [ younger brother of her husband] - Binod Yadav ( P.W. 9) and her villager- Ram Bilash Yadav ( not examined ) regarding whom she disclosed that they were also going with the informant to Sonbarsha Raj Bazar and they had seen the occurrence. She claimed that Dinesh Yadav conspiring with each other got her husband murdered. The said fardbyan was read over to her and finding it correct she put her signature. It is made clear that on the fardbyan except informant no other witness had put signature. On the basis of the fardbyan of the informant/ P.W. 2 on 06.05.2009 at 8.00 P.M. a formal F.I.R. vide Salakhua P.S. Case No. 87 of 2009 was registered for the offence under Section 302/ 120B/34 of the I.P.C. and Section 27 of the Arms Act against eleven accused persons, namely:- (1) Rajaram Yadav [ appellant no. 2 in Cr. Appeal ( D.B. ) 524 of 2013] , (2) Ranveer Yadav (exonerated by Police), (3) Wakil Yadav [ appellant no. 1 in Cr. Appeal (D.B.) No. 411 of 2013 ], (4) Nattu Yadav [ appellant no. 1 in Cr. Appeal ( D.B.) No. 524 of 2013], (5) Ramotar Yadav ( died during the trial ), (6) Lalo Yadav [ appellant no. 2 in Cr. Appeal (D.B.) No. 411 of 2013 ], (7) Rajesh Yadav [ appellant no. 3 in Cr. Appeal (D.B.) No. 411 of 2013], (8) Rajo Sadda [he was shown absconder by the Police and he never appeared], (9) Jagdish Yadav { died during the trial}, (10) Jai Prakash Yadav; and ( 11 ) Dinesh Yadav [ acquitted after trial ].