BHUNESHWAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard learned Counsel for the Appellants and the learned Counsel for the State at length.

(2.) By the impugned judgment Nine Appellants which includes three ladies have been convicted under Sections 302/149 to life imprisonment without the mandatory sentence of fine and to six months R.I. under Section 148/323/324 I.P.C.

(3.) The prosecution case, as narrated in the F.I.R. recorded at 7 p.m. on 27.7.1998 at Govt. Hospital, Petarwar, district Bokaro, is that the informant, namely, Mohan Mahto, his wife Bind a Devi, his brother Bhuneshwar Yadav @ jhupar Jahto and two labourers, namely, Kunja Singh and Andu Karmali were working in their field. At about 4 p.m. on 27.7.1998, the Appellant Kandhan Yadav and his co-brother (who has not been named in the F.I.R.) came to field of the informant and started making drain over the field which was objected to by the informant, resulting into hot words and abuse between two parties. Alter that the accused Kanchan Yadav and his co-brother went to the village from where they came back after one hour at about 5 p.m. alongwith other Appellants variously armed. Of them, Bhuneshwar Yadav was carrying Bhala and Kori, Binod Yadav and Heeralal Yadav came with sword and tangi respectively and Kanchan Yadav and his co-brother were carrying tangi and kori respectively.