BINOD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals, arising out of same judgment, were heard together and are being disposed of by this common judgment.

(2.) BOTH the appeals are directed against the judgment of conviction and order of sentence dated 23.9.2000 ' and 25.9.2000 passed by the learned 2nd Additional District and Sessions Judge, Koderma in Sessions Trial No. 328/99, whereby and whereunder the learned Sessions Judge held all the appellants guilty under Section 302 Indian Penal Code and sentenced appellants Chhoti Yadav, Binod Yadav, Baijnath Yadav @ Gulli, Mahadeo Yadav and Mosst. Tukani Devi to undergo RI for life. Appellant Mahadeo Yadav further stands sentenced to undergo RI for two years under Sec.324 Indian Penal Code and RI for six months for the offence under Sec. 323 IPC. Appellant Chhoti Yadav is also sentenced to undergo RI for six months for the offence under Sec.323 IPC. However, sentences were directed to run concurrently.

(3.) AS per prosecution case witnesses brought injured Brahmdeo to Holi Family Hospital, Koderma, and then to Daruka Nursing Home where first medical aid was provided. However, the doctor advised to carry the injured for better treatment to Patna and they started for Patna in a Maruti van. During their journey, injured Brahmdeo Yadav breathed his last near Nawadah, after which they came back and reported the mater to Koderma police at 10 PM. According to the informant, this occurrence was result of previous enmity as the deceased was the eye witness of the occurrence of the murder of his father by the appellants. Koderma police recorded the fard beyan at the police station and registered Koderma P.S. Case No. 2/99 under various sections including Sec.302 Indian Penal Code against eight named persons. The police further prepared inquest report, got the post mortem conducted on the dead body and injured witnesses examined by the doctor. The police after investigation finally submitted chagesheet against five appellants only discharging three named females. The case of the appellants was committed for trial by the court of sessions, where the charges were framed against them under Sections 302/34 and 326 IPC. The appellants pleaded not guilty and claimed false prosecution due to previous enmity by examining two defiance witnesses. However, the learned trial court, after examining witnesses, found and held the appellants guilty and sentenced them as aforesaid.