DAYANAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Total 12 (twelve) appellants in aforesaid seven appeals were tried together and were convicted and sentenced by the common judgment of the Trial Court and as such, all the aforesaid appeals were taken-up together under the heading For Hearing and are being disposed of by this common judgment.

(2.) By judgment dated 21-09-2013, all the appellants in aforesaid appeals were convicted for offence under Sections 302, 148 of the Indian Penal Code, 1860 (hereinafter referred to as I.P.C. ) and Section 27(1) of the Arms Act, 1959 (hereinafter referred to as Arms Act ). By order dated 25-09-2013, all the appellants under Section 302 of the I.P.C. were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand) each. In default of payment of fine, they were directed to further undergo rigorous imprisonment for one year. By the same order i.e. order dated 25-09-2013, under Section 148 of the I.P.C., all the appellants were sentenced to undergo rigorous imprisonment for one year and under Section 27(1) of the Arms Act, all were sentenced to undergo rigorous imprisonment for three years. All the sentences were directed to run concurrently. The judgment of conviction and sentence was passed in Sessions Trial No. 179 of 2007/C.I.S. No. 0001438 of 2013 (arising out of Kumarkhand P.S. Case No. 01 of 1998) by Dr. Ram Lakhan Yadav, learned Additional Sessions Judge Ist, Madhepura (hereinafter referred to as the Trial Judge ).

(3.) The case has been initiated on the basis of fardbeyan of one Bijendra Yadav (P.W.15), brother of the deceased. The fardbeyan was recorded on 02-01-1998 at 4:30 PM at the place of occurrence by Sub-Inspector of Police-cumOfficer incharge Sri Rabindra Prasad Singh (P.W.16). The fardbeyan of informant was recorded near the dead body of the deceased beside Guriya Kathpula. It was disclosed that on the same date i.e. on 02-01-1998 at about 2:30 PM, the informant alongwith his brother Shailendra Yadav (deceased), other villagers namely Jai Chandra Yadav (P.W.11), Raj Kishore Yadav (P.W.9), Jai Narayan Yadav (P.W.10) and Shiv Nandan Yadav (not examined), due to some urgent work through the road, which was coming from village Guriya, were returning back on foot to Kumarkhand. At about 3:30 PM, about 100 yards eastern side of Kathpula near village Guriya, while they reached, suddenly number of persons were seen, who were rushing towards informant side from the eastern side and with common intention and object, they (accused) proceeded towards informant and other witnesses and they were speaking that none should be spared and all should been killed. The accused persons were 40-50 in numbers. Amongst them, he could identify following accused persons, who are shown in the table given below: