CHAMRU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises from Sessions Case No. 439 of 1982 decided by Additional Sessions Judge Munger on 1st April, 1986 in which 12 accused persons were placed on trial. Out of 12 appellants. appellant No.1 Chamru Yadav. Appellant No.2 Gulo Yadav and appellant No.3 Doman Yadav were convicted under Section 302. IPC and sentenced to imprisonment for life. They were further convicted under Section 201. IPC and sentenced to three years imprisonment. Appellant Nd. 3 Doman Yadav was also convicted under Section 27. Arms Act and sentenced to three years imprisonment. Sentences were to run concurrently. Rest of the appellants namely appellant Nos. 4 to 12 were convicted under Section 201. IPC and sentenced to three years imprisonment.

(2.) An affidavit has been filed on behalf of the appellants to the effect that appellant No.2 Guloo Yadav appellant No. 4 Bhadai Yadav and appellant No. II Pratap Yadav died during the pendency of this appeal. The details of death are given in the affidavit. However, no document in support of the death has been filed.

(3.) On 29-9-1980 at 7.30 a.m. Basistha Narayan Singh the then officer-in-charge of Khagaria Police Station got a telephonic message which was not quite phonic message which was not quite audible that some miscreants had taken the deceased Babuan Yadav of village Gangia towards Khagaria. He recorded this message in the station Diary vide Entry No. 597 dated 29-91980 and proceeded to Gangia at 8.30 a.m. with armed party. He arrived at village Gangia at 9.00 a.m. without first ascertaining the fact from any body he is said to have searched the kidnapped man. At 9.30 a.m. he recorded fardbeyan of Malick Yadav PW 6. This witness disclosed that he had gone near the Bandh. His brother Babuan Yadav had gone ahead at the Bandh side to answer the call of nature. When this witness reached there he found him sitting at the bandh. A short while, appellant Gulo Yadav was seen going near Babuan. He sat by the side of Babuan Yadav. The informant at that time was south to the Bandh where he was turning hemp for green manuring in his field. Thereafter appellant Chamru Yadav and Doman Yadav came from the west and stopped there. The informant saw Gulo Yadav pushing down Babuan Yadav and other accused persons named in the FIR started beating with lathi bhala and chhura. Appellant Doman Yadav shot at the abdomen and chest of Babuan. Appellant Chamru Yadav caused injury on the neck by knife. The remaining accused persons came to the spot armed with lathi bhala and pistol and they also started beating Babuan. Babuan fell down. The informant raised alarm when Doman rushed towards him with pistol in his hand.