LAKESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 2nd Additional District and Sessions Judge, Nawadah by his judgment and order dated 20th of February, 1986 found all the appellants in these two appeals guilty of the offences under Sections 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. He also found them guilty of the offence under Section 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year each. The judgment and order of the 2nd Additional District and Sessions Judge has been challenged in these two appeals. In Criminal Appeal No. 134 of 1986 there are three appellants, namely, Lakeshwar Yadav, Yamuna Yadav and Baldeo Yadav. In Criminal Appeal No. 189 of 1986, there are only two appellants, namely, Dasrath Yadav and Amirak Yadav. The appellants, Lakeshwar, yamuna and Amirak are the sons of appellant, Baldeo Yadav.

(2.) The occurrence is said to have taken place on the night intervening 10th and 11th of April, 1985 in the khalihan of the deceased which was situated at a distance of about 500 yards from Village Banaili Kala. The prosecution case is that the five appellants committed the murder of Prayag and Prabhu Yadav who were sleeping in their khalihan to guard their wheat crop. According to the prosecution, appellants were variously armed with Garasa, Bhala, Saif, Farsa, etc. The case of the prosecution is that P.Ws. 5 and 11, namely, Bauli Yadav and Charaiyan Yadav were also sleeping in the khalihan along with their father and uncle and the alarm raised by them attracted the attention of villagers including the first informant, Lalo Yadav, P.W. 13, Yamuna Yadav, P.W. 1 and many other villagers, some of whom were examined at the trial as prosecution witnesses. The case of the prosecution rests on the testimony of the informant, P.W. 13 who also claimed that he had seen the accused running away. The prosecution has further sought to corroborate the testimony of the eye -witnesses by relying upon the evidences of several witnesses who are said to have rushed to the place of occurrence on hearing alarm and to whom all the facts were narrated by the eye -witnesses as well as P.W. 13 and P.W. 1, who also disclosed the names of these appellants as the perpetrators of the crime. The exact time when the occurrence took place is not very clear because some of the witnesses have mentioned that the occurrence took place at about mid -night while others have stated that the occurrence took place at 2.00 a.m. that, however, is not very material, because it is the prosecution case that the occurrence took place in the night intervening 10th and 11th of April, 1985.

(3.) The first information was lodged by Lalo Yadav, P.W. 13 at the Police Station, Kawakole which was about 4 kilometres away from the village of occurrence. According to the prosecution, such a report was lodged at 4.00 a.m. when Lalo Yadav, P.W. 13 along with several villagers including P.W. 2, P.W. 4, P.W. 6, P.W. 8 and P.W. 12 went to the police station and lodged the report. In the said report, it was stated that the informant was sleeping in his khalihan for guarding his wheat crop. Adjacent south of his khalihan was the khalihan of his cousins, Prayag Yadav and Prabhu Yadav (both deceased). On the night of occurrence they, were also guarding their wheat crop. At about mid -night, his nephews, Boli Yadav, P.W. 5 and Chiraiyan Yadav, P.W. 11 raised an alarm that their father had been killed and the offenders were running away. On hearing alarm, the informant got up and saw the appellants running away. Appellants, Dasrath Yadav and Amirak Yadav were armed with Garasa while appellants, Lakehswar Yadav was armed with Bhala and Yamuna Yadav with a Saif and Baldeo Yadav with a Farsa. The were running away towards west from the khalihan of the Deceased and were also uttering abusive terms. He saw them in the light of the lantern burning in his khalihan and with the help of this torch. The informant also raised an alarm and went to the khalihan of the deceased, but found that both Prayagand Prabhu Yadav had received bleeding injuries and were wreathing in pain. They were not in a position to speak. Both of them succumbed to their injuries soon thereafter. Some of the villages had come on hearing the alarm and he named Jagdish Yadav, P.W. 9, Horil Mahto, P.W. 10, Yamuna Yadav, P.W. 1 amongst the villagers who came to the place of occurrence and who had seen the occurrence. The informant, as well as his nephews, Boli Yadav and Chiraiyan Yadav, P.Ws. 5 and 11 respectively, told these witnesses what they had witnessed. It is further stated in the said information that both the eye -witnesses were at the village near the dead bodies. It was also suggested in the report that the motive for the occurrence was that about 8 to 10 days ago there was dispute between the deceased on the one hand and the appellants on the other with regard to construction of a Bathan. There was an altercation followed by exchange of abuses and appellant, Dasrath Yadav and the other accused had threatened to assault deceased, Prabhu Yadav and Prayag Yadav. This report has been witnessed by Ram Prasad Yadav, P.W. 7 and Baleshwar Singh, P.W. 2.