GAURI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of the judgment and order of conviction and sentences dated 7.1.1986 passed by 2nd Addl. Sessions Judge, Arrah in ST. No. 82/79. They have been heard together and are being disposed of by this judgment.

(2.) APPELLANTS in Cr.A. No. 26/86 have been convicted for the offence under Section 302/149 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life. Appellants Parsuram Yadav, Satya Narain Yadav, Jawahar Yadav and Sheo Kumar Yadav have further been convicted for the offence under Section 147 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for six months. The rest of the appellants have further been convicted for the offence under Section 148 of Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. Appellants in Cr.A. No. 32/86 have been convicted for the offence under Section 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellant Dhana Yadav has further been convicted for the offence under Section 148 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year and also under Section 324 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years. Appellant Kapil Yadav has further been convicted for the offence under Section 147 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for six months Appellant in Cr.A. No. 95/86 has been convicted for the offence under Section 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life. He has further been convicted for the offence under Section 148 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year.

(3.) THE prosecution case, as has been stated in the First Information Report, is that one Kailash Yadav with 11 others along with dead body of his two brothers, namely, Achhay Lal Yadav and Ram Bilas Yadav went to the Police Station on 17.6.1978 and gave his statement before the Police at about 10.45 p.m. that the appellant Kanhaiya Yadav armed with licensed gun, appellant Dhana Yadav with country -made pistol, appellants Parsuram Yadav, Jawahar Yadav, Sheo Kumar Yadav and Kapil Yadav with lathi and the rest with Bhala came north of the temple of his village. Appellant Kanhaiya Yadav fired two rounds from his licensed gun causing death of Ram Bilas Yadav and Achhay Lal Yadav. Appellant Dhana Yadav @ Dhanraj Yadav fired his pistol causing injury to Jay Ahir, Daimanti Devi who will say about the detail of the incident. In. the same occurrence, Sheo Dayal and Srikant Ahir were also injured who will say about it. The motive of the occurrence was demand of loan money from Jana Ahir. Dhanraj Ahir @ Dhana Ahir was asking Jana Ahir not to return money on which there was altercation between tnem. Dhanraj also sustained injury in the scuffle.