MAULI BACCHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the above appeals have arisen out of judgment of conviction dated 14.08.2015 and order of sentence dated 20.08.2015 passed by learned Additional District and Sessions Judge-VI, Nalanda at Biharsharif in Sessions Case No. 185 of 2011 arising out of Harnauth (Chero) P.S. Case No. 131 of 2010, whereby and whereunder the appellants Mauli Yadav in Cr. Appeal (D.B)No. 795 of 2015, Jaipal Yadav in Cr. Appeal (D.B.) No. 835 of 2015, Ramesh Yadav @ Chhote Yadav @ Chhotu Yadav and Mantu Yadav in Cr. Appeal (D.B.) No. 889 of 2015 have been convicted for the offence punishable under section 302/34 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life with fine of Rs. 5000/- and in default of payment of fine, further sentenced to undergo rigorous imprisonment for one year. The appellant Mauli Yadav (Cr. Appeal (D.B) No. 795 of 2015 has further been convicted for the offence under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years with fine of Rs. 5000/- and in default of paying fine, he has further been sentenced to undergo simple imprisonment for two years.

(2.) The facts of the case, in brief, is that one Ramvaran Yadav gave his fardbeyan alleging therein that on 17.06.2010 at about 10:00 P.M. after having meal, he was taking rest. At about 12:00 to 12:15 A.M. he heard hulla towards South of his house then he along with his neighbours came with torch and in the light of torch, he saw Mauli Yadav, Mantu Yadav, Jaipal Yadav, son-in-law of Bacchu Yadav and Bacchu Yadav along with 3-4 persons were dragging his nephew (Bhagina) namely, Mukesh Kumar. On that, he along with other villagers started crying then Mauli Yadav shot fire upon his nephew resultantly he fell down in the field. Thereafter, the villagers chased them but they managed to flee away. After returning back, he found that his nephew was dead. Reason of the occurrence is that a case was running in between his nephew and Mauli Yadav and Bacchu Yadav in connection with land dispute. Mantu Yadav had earlier threatened to kill his nephew.

(3.) On the basis of the aforesaid fardbeyan of the informant/P.W. 4, Harnaut (Chero) P.S. Case No.131 of 2010 was registered on 18.06.2010 for the offence under sections 302/34 of the I.P.C. and section 27 of the Arms Act. After investigation, the Police submitted charge-sheet on 28.10.2010 and thereafter, cognizance has been taken for the offence under sections 302/34 of the I.P.C. and 27 of the Arms Act and the case was committed to the Court of Sessions for trial on 16.02011. On 16.04.2011, charges were framed under the aforesaid sections against Mauli Yadav, Bacchu Yadav, Mantu Yadav and Chhotu Yadav @ Ramesh Yadav and on 22.07.2011, charges were also framed against Jaipal Yadav. Bacchu Yadav died during the trial, as such, his trial stand abated.