DWARIKA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Twelve appellants have preferred this appeal, out of whom appellants Dwarika Yadav, Shital Yadav, Visheshwar Yadav and Bakhori Yadav have been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and a fine of Rs.2000/- with default clause except appellant Visheshwar Yadav, who has been sentenced to undergo rigorous imprisonment for seven years with a fine of Rs.2500/- with default clause and rest of the appellants have been convicted under Sections 307/149 IPC and sentenced to undergo rigorous imprisonment for three years vide judgment dated 25.3.2003 and order dated 27.3.2003 passed by Sri Binoda Nand Jha "Vineet", the then Assistant Sessions Judge, Sheikhpura in Sessions Case No. 532 of 1988/Trial No. 20 of 2003.

(2.) Prosecution case, in short, is that the informant Lalendra Yadav (PW 3) while ploughing his field and his uncle and other relatives were also sitting there, the appellants variously armed came there and asked the informant as to why he was ploughing the field and in reply informant told that that land belonged to him, upon which appellant Shital Yadav gave a "Garasa" blow to uncle of the informant Sarju Yadav and appellant Bakhori Yadav also assaulted Sarju Yadav with "Bhala" on his stomach and appellant Dwarika Yadav gave "Garasa" blows to the informant and his grandfather Shital Yadav and appellant Visheshwar Yadav inflicted "saif" to the informant and others and other accused appellants were having bricks and lathi. Appellant Yogendra Yadav also snatched wrist watch of the informant when he became unconscious and appellant Dwarika Yadav snatched golden "Tabij" from the neck of informant. Thereafter villagers came and informant was taken to Sheikhpura Hospital for treatment.

(3.) The aforesaid fardbeyan led to registration of Sheikhpura P.S. Case No. 84 of 1987. Post investigation charge sheet has been submitted and after cognizance the case has been committed to the court of sessions, which ultimately came to the file of the learned Trial Judge for trial and disposal.