SURYANATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants in all the aforesaid four appeals were tried together and convicted and sentenced by the common judgment of the trial court and as such, all the four appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

(2.) All the appellants in aforesaid four appeals alongwith one Harihar Yadav (appellant no. 1 in Cr.Appeal DB No. 634 of 2011 died during pendency of the appeal and as such, his appeal stood abated, vide order dated 07-03-2019) were convicted by judgment dated 10-06-2011 and were sentenced by order dated 14-06-2011 by the learned Trial Judge, which is dealt with in detail in the table hereinbelow:-

(3.) Short fact of the case is that on 14-11-1993 at 7:30 P.M., Sub-Inspector of Police namely J.K.Thakur (not examined) of Khutauna Police Station recorded fardbeyan of Ram Ashish Yadav (P.W.7). The fardbeyan was recorded at P.H.C. (Primary Health Centre), Khutanua. In the fardbeyan, the informant, near the dead body of his brother Ram Chandra Yadav, disclosed that on the same date i.e. 14-11-1993, about 400 yards away from his house in his field, which was near northern Hatiya Gachhi, he was indulged in crushing sugarcane. Alongwith him, his brothers Ram Chandra Yadav (deceased) and Nasib Lal Yadav (P.W.5) were also there. About 200 yards away of eastern side on the eve of Sukurati festival (Gowardhan puja), number of villagers had assembled in Dhan Gachhi and they were playing [1] (wrestling). In the meanwhile (following accused persons with their weapons arrived there):