MAHENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant No. 1, Mahendra Prasad Yadav, has been convicted under Section 302,1.P.C. and sentenced to undergo imprisonment for life whereas the appellant No. 2, Rajendra Prasad Yadav alias Raja Prasad Yadav, has been convicted under Section 307, I.P.C. and sentenced to undergo R.I. for seven years. The appellant No. 3, Ramdeo Prasad Yadav alias Rami Prasad, has been convicted under Sections 325 and 323, I.P.C. and sentenced to undergo R.I. for two years and six months respectively. The other two appellants Nos. 4 and 5, Jharkhandi Mahto and Birju Mahto, have been convicted under Section 323, I.P.C. and sentenced to undergo imprisonment for six months each in S.T. No. 19/1987 passed by Shri Vinod Kumar Sinha, learned 5th Additional Sessions Judge, Giridih.

(2.) The appellants have preferred this appeal against the judgment and order of conviction and sentence passed against them with a prayer to allow it and acquit them all from those charges after setting aside the judgment and order of conviction and sentence passed against them.

(3.) The prosecution case as disclosed by the informant, Jagdish Sao, PW- 4, father of the deceased, Bidyalal Sao, in his fardbeyan, Ext. 5, recorded on 24-7-86 at 14 Hrs. by the S. I. B. Lal, at Government Hospital, Gawan is that on 24-7-86 at 7 a.m. he along with his sons, Bidyalal Sao (since dead), Arjun Sao, PW-3, brother, Bhola Sao, PW-2, and nephew, Binod Sao, were ploughing their field situated at village Ghanghri Kura appertaining to Khata No. 1, Plot No. 454, area 1 acre 90 decimals. They had ploughed for about half an hour. Thereafter, all these appellants Mahendra Pd. Yadav, Raja Pd. Yadav, Rami Pd., Jharkhandi Mahto, Birju Mahto and mother of the appellant Mahendra Pd. Yadav, armed with Farsa, Tangi, Lathi and stones went, there. Appellant, Mahendra Prasad Yadav, had Farsa, Raja Pd. Yadav had axe and the other three appellants had Lathis in their hands whereas mother of Mahendra Pd. Yadav, Parvati Devi, who has been acquitted, had stones on her hand. Appellant, Mahendra Pd. Yadav, gave a Lalkar to kill at the ploughmen and he himself gave Farsa blow on the head of Bidyalal Sao. On being injured when Bidyalal Sao fell down, even then Mahendra Pd. Yadav assaulted him repeatedly with Farsa on his head. When the other ploughmen including the informant went to save Bidyalal Sao, appellant, Raja Prasad, as saulted Arjun Sao, PW-3, with axe on his bead. Appellant, Kami Pd. assaulted the informant. Jagdish Sao, PW-4, with Lathi and also on the head of Bhola Sao PW-2, causing bleeding injuries on his head and hand. Appellant, Birju Mahto, assaulted on the head of Vinod Sao PW-1, causing bleeding injury. Parvati Devi, mother of the appellant Mahendra Pd. Yadav, hurled stones causing injury to Binod Sao PW-1, Bhola Sao PW-2 and the informant PW-4, on their left arm. legs and left hand fingers respectively. When the ploughmen fell down on being injured, the nearby villagers who were ploughting their respective lands rushed there hearing alarm. All the injured were taken by the Villagers to village Sankh. The village independent witnesses Mahesh Sao and others bad seen the alleged occurrence. On the basis of the fardbeyan, Ext. 5, on which the informant, Jagdish Sao, has signed, Ext. 1, formal FIR, Ext. 6, was drawn. The learned 2nd Additional Sessions Judge, Giridih framed charge under Section 307, I.P.C. against the appellant, Rajendra Prasad Yadav alias Raja Pd. Yadav, under Section 147, I.P.C., against the appellants, Ramdeo Pd. Yadav alias Rami Pd., Jharkhandi Mahto, Birju Mahto and Parvati Devi. Charges under Section 148, I.P.C. was framed against the appellants Mahendra Pd. Yadav and Rajendra Prasad Yadav alias Raja Pd.Yadav. Charge under Section 323, I.P.C. was framed against the appellants Ramdeo Pd. Yadav alias Rami Pd., Jharkhandi Mahto and Birju Mahto. Charge under Section 324, I.P.C. was framed against appellant, Rajendra Prasad Yadav alias Raja Prasad Yadav. Charge under Section 325, I.P.C. was framed against the appellant, Ramdeo Pd. Yadav alias Rami Prasad. Charge under Section 337, I.P.C. was framed against Pravati Devi (since acquitted). Charge under Section 302, I.P.C. was framed against the appellant, Mahendra Pd. Yadav, whereas, the remaining appellants and Parvati Devi were charged under Sections 302/149 and 307/149, I.P.C,