SARJU YADAV @ SARYU YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Latehar in Sessions Case No.543 of 1998. This appellant has been convicted for the offence of murder of Shiv Lal Yadav and he has punished for life imprisonment vide order dated 3rd / 9th January, 2004. This appellant has also been fined for Rs. 5,000/ in case of default, further simple imprisonment of one year has also been awarded against this appellant, and the sentences shall run concurrently, hence, the present appeal has been preferred.

(2.) The case of the prosecution is that on 26.06.1998 at 9:15 hours the informant Shiv Lal Yadav (Deceased) in injured condition gave fardbeyan to police in SubDivisional Hospital, Latehar that his brother Ram Chandra Yadav and Shatrughan Yadav were doing the work of agent and were executing the work of road in the village. About twothree days before, during the execution of road in the village, Saryu Yadav (accused) of same village told them that no road should be constructed in his cultivating land and for which there was hot discussion between informant brother Ram Chandra Yadav and Saryu Yadav and now construction of road is stopped. The informant further alleged that on 25.06.1998 at 3.00 P.M hot discussion had taken place between the informant's brother Shatrughan Yadav and wife of Saryu Yadav for the road and land and thereafter wife of Saryu Yadav gone to her house and the same was informed to the informant by his brother Shatrughan. The informant further alleged that on 26.06.1998 at about 6:00 P.M he was playing with a child in his bari and his younger brother Ram Chandra was getting shaved by Prem Thakur (barber) besides him and his brother Shatrughan was also sitting there, at that time Saryu Yadav was going to his house from forest with wood in his head and tangi (Axe) in his hand, then informant told him as to why he was having altercation for the road and land, on this saying, Saryu Yadav bring down the wood from his head and assaulted the informant by giving twothree blow with tangi (Axe) due to which informant get injured and get unconscious and fell down. Seeing this when informant rushed there and then Saryu Yadav fled away from there. Thereafter in unconscious condition informant was brought to the Latehar hospital for treatment by his brother and family members, where his treatment is going on and there was cut injury in his back, neck and right hand elbow. The informant further alleged that witnesses of this occurrence are his brothers, Prem Thakur (Barber) and villagers.

(3.) In view of the aforesaid fardbeyan given by Shiv Lal Yadav offence was registered and this informant Shiv Lal Yadav expired on 14th July, 1998 i.e, after approximately 19 days from the date of incident and offence punishable under Section 302 of the Indian Penal Code was added. Statement of several witnesses were recorded, chargesheet was filed by the Investigating Officer and the case was committed to the Sessions Court as Sessions Case No.543 of 1998 and the learned Trial Court on the basis of deposition given by P.Ws. 1 to 5 and also on the basis of documentary evidences on record convicted this appellant for the offence of murder of the deceased and punished him for life imprisonment vide order dated 3rd /9th January 2004 and the judgment and order of conviction and sentence has been challenged by this appellant in this criminal appeal.