HARI SHANKAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal being Criminal Appeal (DB) No. 206 of 1996 (R), under Sec. 374 (2) with Sec. 389 of the Code of Criminal Procedure, has been preferred against the Judgment of conviction dtd. 8/10/1996 and order of sentence dtd. 9/10/1996 passed by learned 4th Additional Sessions Judge, Palamau at Daltonganj, in Sessions Trial No. 232 of 1991, whereby and whereunder, the appellants have been convicted and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302/34 of IPC and further sentenced to undergo rigorous imprisonment for ten years for the offence under Sec. 307/34 of IPC. Both the sentences have been directed to run concurrently. So far as Criminal Appeal (DB) No. 185 of 2020 is concerned, under Sec. 374 (2) of the Code of Criminal Procedure, the same has been preferred against the Judgment of conviction and order of sentence dtd. 19/12/2019 passed by learned Sessions Judge, Latehar in Sessions Trial No. 232/A of 1991, whereby and whereunder, the appellant has been convicted and sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302/34 of IPC along with fine of Rs.6,000.00 and in default of payment of fine, he has further been sentenced to undergo simple imprisonment for six months and further sentenced to undergo rigorous imprisonment for 08 years along with fine of Rs.3,000.00 and in default of payment of fine, he has further been sentenced to undergo simple imprisonment for two months for the offence under Sec. 307/34 of IPC. Both the sentences have been directed to run concurrently. Factual Matrix

(2.) The prosecution story in brief as per the allegation made in the fardbeyan by the informant, Ramjeet Mahto , read as under: The informant, Ramjeet Mahto in his Fardbeyan recorded on 13/11/1989, at Sub-divisional Hospital Latehar, has stated that when he returned after grazing the cattle, he was informed by Kuleshwar Singh that his wife was weeping and screaming. On reaching his house, he saw his wife Bilaso Devi (P.W.-5) being carried on a scooter by Fakira Saw to Latehar hospital. She was badly injured and there were injuries on her head and other parts of body. He had further stated that she has been injured with sharp cutting weapon by someone with intention to kill. He could also know that his younger daughter Nitla Kumari was killed due to injuries on her neck by a sharp cutting weapon. He saw his daughter laying dead. He came along with the other for treatment of his wife. He could not say who killed his daughter and injured his wife and also could not say about the reason for the same. He had, however, said that he was sure that his step brother Sheo Shankar Mahto etc. were involved as he was having land dispute with them. Earlier also, it has been alleged that they had put his house on fire for which he had lodged a complaint at the police station.

(3.) Accordingly, Latehar P.S. Case No. 114 dt. 13/11/1989 for the offences U/s 302, 326, 307 and 324 I.P.C against unknown has been registered. After investigation the police submitted charge sheet no. 48/90 dt. 31/7/90 against the accused Shiv Shankar Yadav, Hari Shankar Yadav, Shiv Nandan Yadav and Shivlok Yadav besides the absconding accused Krishna Mahto(since dead) and Prasad Mahto [the appellant of Criminal Appeal (DB) No. 185 of 2020], for the offences u/s 147, 148, 149, 302, 307, 326, 324 and 323 of the I.P.C.