SADANAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 302/34 of the Penal Code for committing the murder of Jorabar Yadav in village Siswa within Gogari police station of Khagaria district on 8-9-82 at 10.30 A. M., under Section 307 of the Penal Code for attempting to commit the murder of P.W.1 Dip Narayan Yadav and P.W. 4 Ambika Yadav at the same place and time of occurrence, and sentenced to imprisonment for life and rigorous imprisonment for five years for the said two offences respectively. They have also been convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for five years. The sentences have been ordered to run concurrently.

(2.) The prosecution case, as stated by P. W. 7 Kapildeo Yadav in his fardbayan lodged before P.W. 11, S. I. Rajendra Prasad on 8-9-82 at 11.30 A. M. may briefly be set out as follows. In the early hours of the date of occurrence i.e. 8-9-82 there had been exchange of words between P.W. 6 Ramdeo Yadav and co-accused Surendra Yadav (who died during course of trial) over taking of boat for going across river to Pipra. At about 10.30 A. M. when the informant was at the betel shop of Baleshwar Yadav, he saw altercation between appellant Navin Yadav, the said Surendra Yadav on the one side and P.W. 6 Ramdeo Yadav and deceased Jorabar Yadav on the other. The informant tried to intervene. In the meantime, on the call of Surendra Yadav, appellant Navin Yadav brought the gun of Ambika Yadav (father of the said Surendra Yadav). Appellant Sadanand Yadav arrived there with a country made pistol. Surendra Yadav also took a country made pistol from one of his associates. Jorabar Yadav tried to run away. However, no sooner he reached the other side of the road, the appellants and Surendra Yadav started firing on him. Jorabar Yadav fell down on the spot. Thereafter, the assailants left the place. The informant and other witnesses reached the spot and found Jorabar Yadav dead. While they were making arrangements to take the dead body to the police station P.W.11 S. I. Rajendra Prasad arrived there. He recorded the fardbayan of the informant at about 11.30 A. M. as stated above.

(3.) At the trial, which followed the submission of charge-sheet against the appellants and the said Surendra Yadav, and commitment, the prosecution examined altogether 11 witnesses to prove the charges. The array of witnesses includes P.W. 1 Dip Narayan Yadav and P.W. 4 Ambika Yadav said to have sustained injuries in course of aforesaid occurrence. P.W. 3 Shiban Yadav, P.W. 5 Bishundeo Yadav, P.W. 6 Ramdeo Yadav, besides the informant P.W. 7 Kapildeo Yadav, were also examined as eye-witnesses to the occurrence. P.W. 2 Nandlal Yadav was examined as hear-say witness who reached the place after the incident was over. Dr. Ramanand Kumar, who held autopsy on the dead body of the deceased Jorabar Yadav was examined as P.W. 8. Dr. Jagarnath Pd. Sinha, who examined the injuries on the person of P.W. 1 Dip Narayan Yadav and P.W. 4 Ambika Yadav and granted injury reports was examined as P.W. 10. I. O. Rajendra Prasad was examined as P.W. 11. P.W. 9 Shrikant Pd. Yadav was examined as a formal witness who proved the signature of one Nand Kishore Yadav and that of his own on the Inquest Report.