GUDDU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since in both the Appeals the appellants were convicted in Sessions Trial No. 80 of 2011 by Shri Manoj Shankar, learned Additional Sessions Judge, Adhoc Court No. III, Madhepura (hereinafter referred to as the "trial judge"), both the Appeals were heard together and are being disposed of by this common judgment.

(2.) All the appellants were convicted by the judgment dated 01.02.2013 for commission of offence under Sections 302/120B of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C.") read with Section 34 of the I.P.C., however, both appellants namely Guddu Yadav and Sukh Sagar Yadav in CR. APP (DB) No. 320 of 2013 were further convicted for commission of offence under Section 27 of the Arms Act, 1959 ( hereinafter referred to as the "Arms Act"). All the four appellants by order dated 13.02.2013 were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- each for offence under Section 302/ 120B of the I.P.C. read with Section 34 of the I.P.C. and in default of payment of fine, they were directed to undergo further imprisonment for six months. Both appellants in CR. APP (DB) No. 320 of 2013 were further sentenced to undergo rigorous imprisonment for three years for commission of offence under Section 27 of the Arms Act. All the sentences were directed to run concurrently.

(3.) Short fact of the case is that on 21.04.2010 at about 11.15 P.M. (night) Sub Inspector of Police P.W. 12 namely Shri Sanjay Kumar, In-charge Gwalpara O.P. recorded fardbeyan of Rinku Kumar Mehara ( P.W. 8- brother of the deceased). The fardbeyan was recorded on the brick soling road near the house of one Kiriti Narayan Thakur ( not examined) in the village:- Bhaluahi Goath, Police Station:- Udakishunganj, District:- Madhepura. In the fardbeyan the informant disclosed that his elder brother Uttim Kumar Ram [deceased] who was Shiksha Mitra in the Primary School, Bhaluahi and also doing the work of B.L.O. on 21.04.2010 after doing marketing in the night at about 9.00 P.M. was returning to his home from Gwalpara market on his Hero Honda Glamour Motorcycle having blue colour. The informant was also returning while driving a tractor. His brother Uttim Kumar Ram was moving on motorcycle ahead of the informant and at about 10.00 and quarter to 10.00 while his brother reached near the house of Kiriti Narayan Thakur in the village: Bhaluahi Goath on the brick soling road, in the light of tractor, the informant saw (1) Guddu Yadav [ appellant no. 1 in CR APP (DB) No. 320 of 2013 ] (2) Sukh Sagar Yadav [ appellant no. 2 in CR. APP (DB) No. 320 of 2013] carrying pistol in their hands and (3) Shiv Pujan Jha [ appellant no. 1 in CR. APP (DB) No. 319 of 2013 ] carrying knife and lathi in his hand suddenly surrounded his brother and shouted that "T;kns xjhcksa dk e"khgk curs gks " on which his brother Uttim Kumar Ram tried to stop them from talking rubbish, then Subhash Yadav and Pravash Yadav, both sons of Rabindra Prasad Singh Yadav who were carrying weapons in their hand and Tuddu Yadav [appellant no. 2 in CR. APP (DB) No. 319 of 2013] on the order given by Subhash Yadav and Pravash Yadav to kill, started assaulting. In the meanwhile, Guddu Yadav [ appellant no. 1 in CR. APP ( DB) No. 320 of 2013 ] and Sukh Sagar Yadav [ appellant no. 2 in CR. APP ( DB) No. 320 of 2013 ] who were carrying pistol in their hands put pistol on temporal region as well as on eye of his brother and fired whereby informant's brother fell down on brick soling road. Thereafter, Shiv Pujan Jha [ appellant no. 1 in CR. APP (DB) No. 319 of 2013 ] and Tuddu Yadav [appellant no. 2 in CR. APP (DB) No. 319 of 2013] who were carrying knife in their hands started giving blow on neck, face and other parts of the informant's brother. The informant further stated that thereafter he leaving his tractor with light on, hurriedly rushed to his brother and raised alarm, till then accusedGuddu Yadav, Sukh Sagar Yadav and Shiv Pujan Jha on the motorcycle of brother of the informant (deceased) fled away and others fled on other motorcycle which they had brought. On reaching near his brother he noticed that due to fire arm injury and knife injuries profuse blood had come out and his brother was lying dead. The reason for the occurrence was explained by the informant that his brother was helping poor people which was not liked by many people and to show supremacy earlier also some dispute and fight had taken place on number of occasions. The informant said that due to such reason conspiring with each other the accused persons had killed his brother and thereafter had taken his motorcycle as well as mobile. After reading the fardbeyan the informant put his signature and the said fardbeyan was also got signed by one Dular Chand Ram (P.W. 1).