DARBARI YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 15/7/2003 and order of sentence dtd. 18/7/2003 passed by the Additional Sessions Judge, Fast Track Court- Vth, Giridih by which the surviving sole appellant- Darbari Yadav is convicted for the offence punishable u/s 304 r\w sec. 34 of I.P.C. Further the learned trial court awarded sentence to undergo five years rigorous imprisonment to the sole surviving appellant Darbari Yadav u/s 304 r/w sec. 34 of I.P.C.

(2.) It is appearing from the record that the appellant no.1 Jodhi yadav had died during pendency of this appeal and no close relative has come forward to make an application to continue with this appeal, and it has been urged on behalf of the deceased appellant no. 1 Jodhi Yadav to get this appeal abated and as such this appeal stood abated with respect to the appellant no.1 Jodhi Yadav and his name has been deleted from the Cause Title of this Appeal. The rest sole surviving appellant is Darbari Yadav whose appeal is being disposed off.

(3.) The prosecution story arose in the wake of the written report dtd. 26/3/1995 of Dasrath Yadav (P.W.7) under which it was alleged that on 26/3/1995 at about 7.00 A.M. the above named two accused persons had beaten up his father Bandhan Yadav with tangi and lathi, due to which his left thigh was fractured besides injuries on head. The accused Jodhi Yadav was armed with tangi whereas the accused Darbari Yadav was armed with lathi with which they caused the said injuries. The occurrence is said to be witnessed by Lalo Yadav (P.W.1), Manoj Yadav (P.W.2) and Lutan Yadav of the village who had intervened and rescued the injured. The reason behind the occurrence, as mentioned is that his father Bandhan Yadav had got one bigha land in his share, out of which ten kathas is used as bari and ten kathas as field. It is mentioned that the accused Jodhi Yadav (since deceased) accompanied by his son, accused-appellant Darbari Yadav had started construction of house on the ten kathas bari land of his father, which was objected by his father upon which the accused person assaulted him which caused to him serious injuries. There is also a separate fardbeyan of the informant recorded by ASI Hari Shanker Pandey on 30/3/1995 at Bela Tand hospital which indicated that during the course of treatment the injured Bandhan Yadav died on 29/3/1995.