CHOTHI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the criminal appeals directed against one and the same judgment and order of conviction and sentence have been heard together and are being disposed of by this common judgment.

(2.) There is a small village known as 'Kurawa' in Chandan Police Station of Banka district. Antu Yadav (deceased and the appellants are all residents of the said village. The three appellants along with Bhola Yadav (absconding) and two to three persons unknown armed with Sword, Tangi and Sabal entered the house of the deceased in the early morning of 24.7.1990 and assaulted the deceased, his wife Kamli Devi (informant) and their son Birju Yadav. The deceased died on the spot. The miscreants entered into the house and removed a box containing certain articles. The three appellants were put on trial. The learned Additional Sessions Judge by his judgment and order dated 13.1.1993 convicted all the three appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life. They were also convicted and sentenced to undergo R.I. for six months under Section 148 of the Indian Penal Code and R.I. for two years each under Sections 380 and 452, IPC. Appellant No. 3 Surya Narain Yadav was further convicted under Section 342, IPC and sentenced to undergo R.I. for six months. The sentences were, however, ordered to run concurrently. The appellants have preferred the appeals for setting aside their convictions and sentences.

(3.) The prosecution story as unfolded in the fardbeyan Ext. 2 of Kamli Devi PW 4 is that the deceased and the appellants are Gotiyas.