KALINDRA YADAV; BISHU YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 16.09.2005 passed by the then learned Additional Sessions Judge, Simdega in Sessions Trial No. 125 of 2001 whereby and whereunder the court having found all the ten appellants guilty for committing murder of Persuram Yadav after forming unlawful assembly and also for making an attempt on the life of the informant Sri Ram Yadav, Permeshwar Yadav and also Bhushan Yadav, convicted them for the offence punishable under Sections 302/149, 307/149 and 148 of the Indian Penal Code and sentenced them to undergo imprisonment for life for the offence punishable under Section 302/149 of the I.P.C. However, no separate sentence was passed either for the offence under Section 307/149 or under Section 148 of the Indian Penal Code.

(2.) The case of the prosecution is that on 06.08.2001 at about 3.00 p.m. Bhushan Yadav- grandson of the informant, Sri Ram Yadav-P.W.-1, Persuram Yadav (deceased) and Permeshwar Yadav (both sons of the informant) had gone to the market on a motorcycle. In course of their return when they reached near the house of Madan Yadav at about 5.30 p.m. all the appellants accosted them and started abusing. This was objected by the informant Sri Ram Yadav-P.W.-1. Upon it, the appellantNandu Yadav exhorted his four sons (all appellants) to kill them.

(3.) The I.O. (who has not been examined) when took up investigation, held inquest on the dead body of Persuram Yadav and prepared an inquest report (Exhibit-1). Thereupon, dead body was sent for post-mortem examination which was conducted by doctor-Subhash Tetarway (P.W.-12). On holding autopsy, the doctor did find following external injuries: