DHARICHHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of the three appellants, appellant no. 2 Ram Nandan Yadav and appellant no. 3 Nanhu Yadav are full brothers. They are sons of Rajgir Yadav. Appellant no. 1 Dharichhan Yadav is son of appellant no. 2 Ramnandan Yadav. They were put on trial along with Chanarik Yadav, another son of Rajgir Yadav in the Court of Shri A. Tripathi, 5th Additional Sessions Judge at Gaya, on charges under Section 302 read with 34 of the Indian Penal Code and also under Section 323 of the Indian Penal Code. Chanarik Yadav has been acquitted whereas the learned Sessions Judge held the threee appellants guilty of the charges under Section 302 Part II read with Sec. 34 of the Indian Penal Code and also under Sec. 323 of the Indian Penal Code and sentenced each one of them to suffer rigorous imprisonment for 8 years and also one year and each charge respectively, against which this appeal arose.

(2.) The case arose on the statement of P.W. 6, Naresh Yadav. It is stated that on 14-11-1971, these appellants alongwith Chanarik Yadav had cut the pushta of the house of the informant and also all over which there was a brawl between them This happened sometimes in the day ; the banging over of which continued till late in the evening and it is stated that when the informant's father Ram Das Yadav was getting back from western outskirts of the village after easing himself and reached the fringe of the Khalihan of the accused, Chanarik gave a call and on his instigation all other accused, that is, the appellants pounced upon Ram Das Yadav and began assaulting with lathis. It is said that there are sirish and pipal tree near about it, the details of which will be mentioned at a latter stage. Ram Das Yadav raised a cry, which drew the attention of his two brothers P.W. 4 Sahdeo Yadav and P.W. 5 Somar Yadav and also his son P.W. 6 Ram Naresh Yadav. They all rushed, intervened and wanted to save Ram Das Yadav. The three appellants Dharichhan, Ram Nandan and Nandu fell upon them also and it is stated that they assaulted P.W. 4 Sahdeo Yadav and appellant Dharichhan assaulted the informant P.W. 6 Naresh Yadav. Ram Das Yadav, on getting the blows reeled down unconscious. According to prosecution some other villagers also ran from Devi Asthan, a nearby place, whereupon accused persons fled away. Ram Das Yadav was picked up and taken home and was put on a cot and rushed to Aurangabad hospital for immediate medical aid where his son P.W. 6 Ram Naresh Yadav, as stated above, gave his Fard Beyan to the S.l. of Police, who on getting the information, had arrived. Ram Das Yadav could not regain consciousness and died two days after in the morning of 17-11-1971 there at the hospital. Autopsy over his dead body was conducted by Dr. R. C. Ram the same day (this witness was examined in the court of the Magistrate who conducted the enquiry under Chapter XXVIII of the Code of Criminal Procedure (old Code) and his evidence was tendered in the Sessions Court). The doctor found the following ante-mortem injuries on the body of the deceased : -

(3.) On the same day, that is, on 14-11-1971 this doctor further examined P.W. 4 Sahadeo Yadav and found the following injuries on his person: