UMESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This judgment shall govern and dispose of all the three appeals which had been heard analogous as they arise out of the same judgment and order. In Cr.Appeal No. 449, the appellants are Umesh Yadav and Munarik Yadav. In Cr. Appeal No, 458 of 1990, there are 12 appellants namely Ramdeo Yadav, Chotu Yadav, Rajjan Yadav. Bidesi Yadav, Ramashish Yadav, Chetram Yadav, Deepa Yadav, Bhagirath Yadav, Anil Yadav, Shridev Yadav, Krishna Yadav and Indradeo Yadav and in Cr. Appeal No. 469 of 1990 there is sole appellant Shyamdeo Yadav.

(2.) The 6th Additional Sessions Judge, Patna by his judgment and order dated 22nd September, 1990 in Sessions Trial No. 692 of 1986 has convicted accused-appellant Shyamdeo Yadav for the offence punishable under Sections 302 and 148, IPC and Section 27 of the Arms Act and sentenced him to undergo R,I. for life under Section 302 of the IPC but no separate sentence was passed under Section 148 of the IPC and Section 27 of the Arms Act. The remaining 14 accused-appellants have been convicted for the offence punishable under Section 302 (2) read with Section 149 of the IPC and sentenced to undergo RI for life. No separate sentence was passed against the appellant Ramdeo Yadav under Section 148 of the IPC and Section 27 of the Arms Act. No separate sentence was passed against other 13 accused-persons under Section 147 of the IPC. Similarly, no separate sentence was passed-against accused Chotu Yadav, Ranjan Yadav and Anil Yadav who were found guilty and convicted under Sections 325/34 of the IPC.

(3.) The brief facts of the prosecution case is that Informant Nageshwar Prasad PW-9 was harvesting his paddy crop on 23-7-1985 situated in the north of his village Chairitar Police Station, Dhanarua, in the district Patna. His cousin brother Ganesh Prasad, PW-8 was ploughing his field. in Lasghari Khanda, north of the Informant's field. His other cousin brother Ramdeo Prasad (deceased son of Kishuni Yadav), was uprooting the paddy seedlings and his son Raushan Lal was present there. At about 8 a.m. the Informant saw accused Binay Yadav and Shivdeo Yadav went to the field of Ganesh Prasad and chased him for assault who raised alarm and fled towards North. Informant, his uncle Ramdeo Yadav and his son Raushan Lal rushed to save the life of Ganesh Prasad. In the meantime Ramdeo Yadav (son of Charittar Yadav), his brother Shyamdeo Yadav both carrying country-made rifle arrived there. Other named accused-persons armed with lathi also arrived there, as soon as the Informant, deceased Ramdeo Prasad and Raushan Lal reached in the field of Chanarik Yadav, accused Shyamdeo Yadav along with other accused-persons reached there and he ordered to kill them. It is further alleged thai Shyamdeo Yadav fired from his country made rifle which hit in the back of Ramdeo Prasad who fell down in the field. Accused Ramdeo Yadav also fired on the Informant and Raushan Lal but it did not hit them When Raushan Lal went to lift his injured father accused Chotu Yadav, Anil Yadav and Ranjan Yadav assaulted him with lathi The Informant out of fear fled towards the village Chandanchak and raised alarm on which witnesses Badri Yadav (PW-10), Dhanpat Yadav (PW-1), Lakhan Yadav (PW-4), Mohan Yadav (PW-6) and others arrived there and saw the occurrence. The accused-persons thereafter fled away. The Informant and other witnesses removed the injured Ramdeo Yadav and Raushan Lal to the field of Mundan Yadav but in the meantime injured Ramdeo Prasad died Raushan Lal was unconscious who was removed to the local hospital and thereafter referred to the PMCH. The reason for the occurrence is said to be quarrel over a land a week before the occurrence between the deceased Ramdeo Prasad and Munarik Yadav and for that occurrence it is alleged that all the accused-persons came armed with weapons and committed the murder of Ramdeo Prasad and assaulted Raushan Lal, son of deceased Ramdeo Prasad.