STATE OF JHARKHAND Vs. SARYUDHAR YADAV

JUDGEMENT

(1.) The State of Jharkhand which is the appellant in Acquittal Appeal (DB) No. 23 of 2020 and Arvind Kumar who is the informant of Jainagar PS Case No. 193 of 2014 and filed Criminal Appeal (V) No. 07 of 2019 are aggrieved by the judgment of acquittal of Saryudhar Yadav and Manoj Yadav under Sec. 302/34 of the Indian Penal Code, Sec. 27 of the Arms Act and Sec. 3 of the Explosive Substance Act passed in ST No. 56 of 2015 by the Additional Sessions Judge-II, Koderma.

(2.) Saryudhar Yadav and Manoj Yadav have filed separate criminal appeal(s) vide Criminal Appeal (DB) No. 787 of 2019 and Criminal Appeal (DB) No. 801 of 2019 respectively against their conviction and sentence awarded to them under Sec. 120-B of the Indian Penal Code.

(3.) On the basis of the fardbeyan of Arvind Kumar which was recorded around 08:00 PM on 15/10/2014 at Sadar Hospital Koderma, a First Information Report was lodged. The informant stated that around 06:15 PM in the evening four unknown miscreants came on two motorcycles at his Alagdiha shop and threatened all present there to leave. The unknown miscreants started slapping his brother and when he raised objection one of the miscreants fired at his face. The other miscreants exploded bomb and escaped on the motorcycles. Sunil Kumar who is brother of the informant succumbed to the injuries and died on 15/10/2014. Jainagar PS Case No. 193 of 2014 was lodged under Sec. 302/34 of the Indian Penal Code against four unknown assailants. However, in course of the investigation, Binod Yadav, Sunita Devi, Chhotu Kumar and Saraswati Devi provided some information to the investigating officer and on that basis Saryudhar Yadav and Manoj Yadav were sent up for trial and they faced the trial on the charge under Sec. 302/34 and 120-B of the Indian Penal Code, Sec. 27 of the Arms Act and Sec. 3 of the Explosive Substance Act ' charge under Sec. 120-B of the Indian Penal Code was added on 15/3/2019.