MANTU YADAV AND ORS. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All these Appeals are directed against the judgment of conviction and order of sentence dated 30-4-2012 passed by the then Additional Sessions Judge-I, Godda in S.T. No. 47 of 1998 whereby and whereunder the court having found all the 11 appellants guilty for committing murder of Shiv Narayan Yadav and attempting to commit murder of the informant in furtherance of their common object convicted them for the offence punishable u/Ss. 302/149 and 307/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life for the offence punishable u/Ss. 302/149 and also to undergo RI for 10 years for the offence punishable

(2.) Case of the prosecution is that on 16-8-1997 at about 8.30 a.m. the informant Mahesh Yadav (P.W. 8) left home for coming to a field along with Shiv Nayaran Yadav alias Shiv Nandan Yadav (deceased). As soon as they reached near the house of Anadi Yadav, they saw all the appellants armed with lathi, farsa, bhala and country made pistol standing there. The appellant Sanjay Yadav fired shot from his country made pistol causing injury to the informant. Further, the appellant Pappu Yadav on being instigated by Sanjay Yadav fired shot upon Shiv Narayan Yadav who upon receiving gun shot injury died there at the spot.

(3.) Meanwhile, when R.V. Nanhe, officer In-charge of Mahagama Police Station received information that some occurrence has taken place at the Village Dhumdih on account of land dispute, he after making station diary entry proceeded to place of occurrence. On reaching the place of occurrence, the I.O. P.W. 11 recorded the fardbeyan of the informant Mahesh Yadav P.W. 8 upon which a formal FIR (Ext. 6) was lodged. The I.O. when did find the dead body of the Shiv Narayan Yadav lying on the field, held inquest on the dead body and prepared an inquest report (Ext. 5). Thereupon dead body was sent for post mortem examination, which was conducted by Dr. Dilip Kumar Choudhary, P.W. 9, who on holding autopsy found the following injuries: