BANDHU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN Sessions Trial No. 247/85/12/86 on the file of 3rd Additional Sessions Judge, Aurangabad Bandhu Yadav, Bishundeo Yadav, Ram Deni Yadav and Fekan Yadav were tried having been charged under Section 302/34, IPC for causing the death of Ganeshi Yadav. Bandhu Yadav was separately charged under Section 302, IPC by judgment dated 19.1.1987. Bandhu Yadav was convicted under Section 302, IPC and remaining three accused persons were convicted under Section 302/34, IPC. All of them have been sentenced to undergo rigorous imprisonment for life. Two separate appeals have been preferred against the said judgment.

(2.) CRIMINAL Appeal No. 82/87 has been preferred by Bandhu Yadav and Bishundeo Yadav and Cr. App. No. 96/87 has been preferred by Ramdeni Yadav and Fekan Yadav.

(3.) THE appellants are residents of village Pandeypur. The occurrence took place in the said village. In the night of 28.4.1985, Maheshi Yadav was sleeping outside of his house. His brothers Ganeshi Yadav,. Kameshwar Yadav and Rakesh Yadav, were also sleeping on separate costs. In the late night, Maheshi Yadav woke up hearing barking of dog. He noticed all the four accused persons in torch -light switched on by the appellant Bishundeo Yadav. Bandhu yadav was armed with garasa and Fekan Yadav was armed with gun. Bishundeo Yadav was having a torch and Ramdeni Yadav armed with lathi. They asked from Kameshwar Yadav who was also sleeping there. After ascertaining Ganeshi Yadav accused Bandhu Yadav started assaulting on Ganeshi Yadav with garasa. Injuries were caused in the neck, chest and forehead of Ganeshi Yadav, who died instantaneously. Maheshi Yadav wanted to raise hulla but he was threatened, so he could not call for help. Thereafter, the appellants fled away towards west to the village. In the meantime, villagers arrived. Maheshi Yadav disclosed the names of miscreants.