ARJUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. This is an appeal against the judgment and order dated 4th March, 1986 of the 7th Additional Sessions Judge, Munger in Sessions Case No. 1 of 1979 convicting the appellants under Section 304 read with Section 34 of the Indian Penal Code in respect of the charge of committing culpable homicide not amounting to murder of Rajiv Ranjan Prasad Yadav in furtherance of common intention of all of them. There are four appellants in this appeal. The first appellant Arjun Yadav has also been convicted under Section 379 of the Indian Penal Code for committing theft of wrist watch. All the appellants have been sentenced to imprisonment for life. Arjun Yadav has further been sentenced to six months under Section 379, Indian Penal Code.

(2.) In the evening of 6th October, 1978 at about 5.00 p.m. six heads of she -buffaloes of the appellant Subuk Lal Yadav were grazing in the field of deceased Rajiv Ranjan Yadav in which Urd and Kurthi crops had been grown. The deceased was driving the buffaloes out of his field, when the incident happened in which Rajiv Ranjan lost his life. It is the prosecution case that all the appellants came to the place where Rajiv Ranjan Yadav was driving out the cattle. Arjun Yadav was armed with gun and the remaining appellants were armed with lathi. Appellant Subuk Lal, Naresh and Suresh assaulted the deceased with lathi. Rajiv Ranjan Yadav fell down. Then, Arjun Yadav assaulted him with butt end of the gun. Arjun Yadav also relieved the deceased with his wrist watch. In the meantime, there was hulla on which witnesses arrived and saw the occurrence, Rajiv Ranjan Yadav was brought to his house and then taken to Munger Police Station. Ramdeo Yadav, father of Rajiv Ranjan Yadav was not in the village at the time, He had gone to Munger in connection with some work. He was informed about the occurrence by some body. He went on bicycle to the Muffasil Police Station where he found his son on the road. He narrated the entire occurrence.

(3.) The appellants and the deceased all belong to village Touffir Karari Tola, P.S. Muffasil in the district of Munger where the occurrence had taken place. It is significant to mention that first information was registered on the statement of the deceased himself before the Officer -in -charge of Muffasil Police Station on 7 -10 -1978 at 8.45 a.m. Rajiv Ranjan Yadav died on the same day.