PAPPU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three appellants in the aforesaid three appeals were tried together and convicted and sentenced in Sessions Trial No. 803 of 2008 and as such all the three appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) Pappu Yadav @ Binay Yadav @ Pappu @ Binay Kumar Yadav [ appellant in Cr. Appeal ( D.B. ) No. 1047 of 2013] and Wakil Yadav [ appellant in Cr. Appeal (D.B. ) No. 1042 of 2013] by judgment dated 18.09.2013 were held guilty and convicted for the offence under Section 302 & 460 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C.") and Section 27 of the Arms Act, 1959 ( hereinafter referred to as the "Arms Act") whereas Archana Bharti [appellant in Cr. Appeal (D.B.) No. 929 of 2013] was held guilty and convicted by the same judgment i.e. judgment dated 18.09.2013 for the offence under Section 302/ 120B of the I.P.C. and by order dated 19.09.2013 Pappu Yadav and Wakil Yadav under Section 302 of the I.P.C. were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each. In case of default in payment of fine they were directed to further undergo simple imprisonment for one month. Under Section 460 of the I.P.C. both were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- each. In case of default in payment of fine they were directed to further undergo simple imprisonment for one month. Under Section 27 of the Arms Act both have been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/-. In case of default in payment of fine they were directed to further undergo simple imprisonment for one month. Appellant- Archana Bharti in Cr. Appeal (D.B.) No. 929 of 2013 by order dated 19.09.2013 under Section 302 /120B of the I.P.C. has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/-. In case of default in payment of fine she has been directed to further undergo simple imprisonment for one month. The appellants were tried together in Sessions Trial No. 803 of 2008 [arising out of Banmankhi P.S. Case No. 26 of 2008] and they have been convicted and sentenced by Mr. Hasan Nawaz, learned Adhoc Additional Sessions Judge No. 5, Purnia ( hereinafter referred to as the "trial judge").

(3.) Short fact of the case is that on 29.02.2008 at 7.00 A.M. near the Kamat ( out house in the field) in the villageRadhanagar (Tatma Toli), Police Station- Banmankhi the fardbyan of Vimal Kumar Yadav (P.W. 7), S/o Bihari Yadav (one of the deceased) was recorded by S.I. Arvind Kumar (P.W. 10) -cum -S.H.O., Banmankhi Police Station. In the fardbyan the informant (P.W. 7) disclosed in front of the dead body of his son- Jayant Kumar that in the preceding night he, his father (Bihari Yadav) and his son ( Jayant Kumar ) after taking meal slept in his Kamat. In the night at about 1.30 P.M. Pappu Yadav @ Binay Yadav [ appellant in Cr. Appeal ( DB) No. 1047 of 2013], Wakil Yadav [ appellant in Cr. Appeal (D.B. ) No. 1042 of 2013 ], both resident of Radhanagar , P.S. Banmankhi, District Purnea along with 4-5 unknown young accused persons arrived at his Kamat. At that very time lantern was burning. Immediately after arrival they surrounded son of the informant - Jayant Kumar. Pappu Yadav gave one shot of firing on the head of his son. His father tried to apprehend the culprits and ran then Wakil Yadav with the pistol which he was carrying in his hand gave shot of firing on his chest. The informant after raising alarm came out from the Kamat and fled away. After assembling of nearby villagers all the accused persons fled towards Eastern side. The informant stated that all the accused were carrying pistol in their hands. He stated that his father due to shot of firing was seriously injured and he with the help of others was sent to Purnea for his treatment. His son -Jayant Kumar due to fire arm injury died. The reason for the occurrence was explained by the informant as animosity with Pappu Yadav was going on. The fardbyan was read over to him and after finding it correct the informant put his signature. On the basis of the said fardbyan on the same day i.e. on 29.02.2008 a formal F.I.R. vide Banmankhi P.S. Case No. 26 of 2008 was registered for the offence under Section 452/ 302/ 307/ 34 of the I.P.C. and 27 of the Arms Act, however subsequently on 04.03.2008 Section 120(B) of the I.P.C. was added in the F.I.R. The F.I.R. was lodged initially against:- Pappu Yadav @ Binay Yadav [appellant in Cr. Appeal (D.B.) No. 1047 of 2013] and Wakil Yadav [appellant in Cr. Appeal (D.B.) No. 1042 of 2013 ], however during investigation involvement of appellant -Archana Bharti as one of the main conspirators transpired and as such Police after investigation on 30.05.2008 submitted charge sheet against all the three appellants keeping investigation pending against others. After submission of charge sheet on 09.06.2008 learned Chief Judicial Magistrate, Purnea took cognizance of the offence and the case was committed to the court of Sessions on 30.07.2008 and it was numbered as Sessions Trial No. 803 of 2008. After commitment on 03.12.2008 charge was framed against Pappu Yadav and Wakil Yadav under Section 302, 460 of the I.P.C. and Section 27 (3) of the Arms Act and on the same day separate charge under Section 120B of the I.P.C. was framed against all the three appellants which include Archana Bharti (appellant in Cr. Appeal ( D.B.) No. 929 of 2013).