SAHDEO YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Rashmi Kumar, learned counsel for the appellants and Mr. Bhola Nath Ojha, learned Spl. P.P.

(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 4/4/2017 (sentence passed on 12/4/2017) passed by Sri Ramashanker Singh, learned Additional Sessions Judge-I, Koderma, in S.T. No. 92/2012, whereby and where under, the appellants have been convicted for the offence under Sec. 302/34 and 323/34 IPC and have been sentenced to undergo imprisonment for life along with a fine of Rs.25,000.00 each and in default in payment of fine, to undergo simple imprisonment for one year besides compensation of Rs.20,000.00 to be paid to the mother of the deceased. The appellants have further been sentenced to undergo simple imprisonment for three months for the offence under Sec. 323/34 IPC.

(3.) The prosecution case arises out of the fardbeyan of Dharam Mahto in which it has been stated that on 2/5/2012, while the informant was having lunch at his house at 11:30PM, he heard some commotion that Babulal Yadav is being assaulted by his son, wife and brother-in-law and no one has extended any help to save him at which the informant reached the house of Babulal Yadav and saw that his son Sahadeo Yadav, Birendra Yadav and Munshi Yadav who were the brothers-in-law of Babulal Yadav assaulting Babulal Yadav with lathi and danda and the wife of Babulal Yadav, namely, Urmila Devi was goading them to commit assault also. The informant tried to dissuade them from assaulting Babulal Yadav but it fell on deaf ears. When Babulal Yadav became unconscious, the informant tried to catch hold of the danda at which, Birendra Yadav and Sahadeo Yadav caused assault upon him with lathi and resultantly, the informant had suffered head injuries. When the son of the informant, namely, Umesh Yadav came to his rescue, he was also assaulted on his head with lathi. In the meantime, Sahadeo Yadav wielded his stick in order to assault Umesh Yadav but accidentally the same struck Birendra Yadav on his head and blood started oozing out. The informant and his son were saved from further assaults due to the intervention of the villagers who had arrived and his son was taken to Jaynagar for treatment. In the meantime, a call came in the mobile of Umesh that Babulal Yadav has died and the accused persons were trying to escape. There was regular assault committed upon Babulal Yadav by his son and wife as well as his brother-in-law. Based on the aforesaid allegations, Jainagar P.S. Case No. 69/12 was instituted for the offences under Ss. 325, 307, 302, 201/34 IPC. On conclusion of investigation, charge sheet was submitted under Sec. 302, 325, 201/34 IPC against Sahadeo Yadav, Birendra Yadav, Munshi Yadav and Urmila Yadav. After cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 92/2012. Charge was framed against the accused for the offences under Ss. 325, 302 and 201/34 IPC which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.