STATE OF BIHAR Vs. PAPPU YADAV

JUDGEMENT

(1.) Death Reference No. 3 of 2000 and the other five Criminal Appeals arise out of the common judgment and order of conviction and sentence dated 1-3-2000 and 3-3-2000 respectively, passed by Sri Mungeshwar Sahoo, learned lst Additional Sessions Judge, Gooda, in Sessions Case No. 46 of 1998/390 of 1998, whereby and whereunder, Pappu Yadav and Sanjay Yadav, both appellants in Cr. Appeal No. 139 of 2000, Ranjeet Yadav alias Sandeep Yadav alias Pagla, appellant in Cr. Appeal No. 142 of 2000, Fagu Yadav and Munilal Yadav, both appellants in Cr. Appeal No. 107 of 2000, Naresh Yadav, appellant in Cr. Appeal No. 135 of 2000, and Nijling Yadav, Lallu Yadav, Jaikant Yadav and Rajendra Yadav, appellants in Cr. Appeal No. 106 of 2000, have been convicted under Section 302/149 of the Indian Penal Code whereas others, namely, Hem Prakash Yadav, Kapildeo Yadav, Banke Bihari Yadav and Brindaban Yadav, have been acquitted. The learned Court below after hearing the convicts on the point of sentence found appellants Sanjay Yadav, Pappu Yadav and Naresh Yadav guilty for committing murder of Upendra Yadav, elder brother of Parmanand Yadav and subsequently while on bail, committing murder of Parmanand Yadav and hence all the three convicts were awarded capital punishment and the learned 1st Additional Sessions Judge, Gooda, has referred the same vide his letter No. 67 dated 13-3-2000 under Section 366, Cr. P.C. for confirmation, whereas the other appellants in other Criminal Appeals have been sentenced to undergo life imprisonment.

(2.) All the Criminal Appeals having heard together are being disposed of by this single order of this Court and the Death Reference will be considered later on.

(3.) The prosecution case is based on the Fardbeyan of the informant Rabindra Prasad Yadav (PW 6), recorded on 14-10-1997 at 16.30 hours by S.I. R. B. Nanhe (PW 9), Officer-in-Charge of Mahagama Police Station at Nunajore More in which the informant has alleged that he along with Devi Lal Yadav (PW 3) reached Nunajore More at 2.15 p.m. from Patthargama Market after purchasing some articles and went to take tea in the tea stall of Gafoor Mian. After half an hour, Parmanand Yadav alias Lalua (deceased) came on a bus from Gooda and at Nunajore More, he got down from the bus and went to take tea in the tea stall of Rabindra Sikdar. All of a sudden Pappu Yadav, Sanjay Yadav and Ranjeet Yadav alias Pagla, armed with pistols, entered into that shop. Outside the tea stall of Rabindra Sikdar, appellants Fagu Yadav, Munilal Yadav, Naresh Yadav, Nijling Yadav, Lallu Yadav, Jaikant Yadav and Rajendra Yadav were standing for the purposes of guarding. They instigated to murder Parmanand Yadav as they would not allow him to flee away. On their instigation, appellants Pappu Yadav, Sanjay Yadav and Ranjeet Yadav from a point blank distance fired with their respective pistols causing injuries to Parmanand Yadav, who fell down and died instantaneously. Prior to causing murder of Parmanand Yadav, all the accused, besides Hem Prakash Yadav, Kapildeo Yadav and Banke Bihari Yadav, were sitting in the shop of Brindaban Yadav and were conspiring to cause murder of Parmanand Yadav and were waiting for his arrival from Gooda, only due to previous enmity.