SARDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this appeal appellants, Ramayan Yadav and Ram Subhag Yadav have been convicted for the offence under section 302 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellants, Sardar Yadav and Dasrath Yadav have been convicted for the offence under section 302/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. Appellant, Dasrath Yadav, has further been convicted for the offence under section 302/114 of the Indian Penal Code and has been sentenced to under go rigorous imprisonment for life. The sentences were ordered to run concurrently.

(2.) ONE Dudhnath Yadav gave his fardbeyan on 20.4.1980 at about 9 A.M. in the hospital that on 14.4.1980 at about 8 A.M. there was altercation at his Dalan between Jamuna Yadav, Dasrath Yadav, Ram Subhag Yadav, Sardar Yadav and Ramayan Yadav and his father, namely, Dharilal Yadav for joint carpet etc. On the order of Jamuna Yadav and Dasrath Yadav, Ram Subhag Yadav, Sardar Yadav and Ramayan Yadav assaulted his father. Ramayan Yadav and Ram Subhag Yadav assaulted with Lathi on the head. Sardar Yadav and Ramayan Yadav assaulted his father with lathi on the hand and back due to which his father fell down and became senseless. The occurrence was witnessed by Srinath Yadav, Mohan Rajwar and others. He brought his father for treatment to the hospital. He died on 19.4.1980 at about 10.20 P.M.

(3.) THE defence of the appellants was that they were innocent and have falsely been implicated in this case out of enmity.