BADRI YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 18th May, 2004 and 22nd May, 2004, respectively, passed by Additional Sessions Judge, F.T.C., Koderma, in connection with S.T. No.259 of 1987, corresponding to G.R. No.380 of 1986, arising out of Jainagar P.S. Case No.40 of 1986, whereby the appellants have been held guilty for the offence punishable under Sections 302/149, 323, 324 and 447/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.10,000/ -, each, and in default of making payment of fine simple imprisonment for one year. They have further been sentenced to undergo rigorous imprisonment for six months under Section 323 IPC, rigorous imprisonment for one year under Section 324 IPC and rigorous imprisonment for three months under Section 447/149 IPC. All the sentences so passed shall run concurrently.

(2.) The prosecution case, as it appears from the Fardbeyan of Deonandan Yadav, recorded on 12th July, 1986, at 8:30 hours, at Sub Divisional Hospital, Koderma, in brief, is that on 12th July, 1986, at about 6:00 a.m., while the informant was going to answer call of nature, he saw the appellants ploughing in his field, bearing Plot No.14, Khata No.21, Area 52 decimals. In that field Gondali crop was grown by the informant, but the appellants were destroying the crops by ploughing the field. When the informant made protest, Bhuneshwar Yadav took out a Lathi and Prasadi Yadav brought a sword, which were concealed near the place of occurrence and they caused assault to informant. After receiving injury, the informant raised alarm, which attracted witnesses and family members and they rushed for rescue, but they were also assaulted. It is disclosed that Wajir Yadav, Choudhary Yadav, Mathura Yadav and Janardan Yadav had sustained injuries caused to them by the appellants by means of Lathi, spear, sword etc. Injured Mathura Yadav succumbed to his injury. On the basis of Fardbeyan of Deonandan Yadav, Koderma, Jainagar P.S. Case No.40 of 1986 dated 12th July, 1986, corresponding to G.R. No.380 of 1986, under Sections 147, 148, 149, 323, 324 and 302 of the Indian Penal Code was registered. The investigation was carried out and charge sheet at the conclusion of investigation was submitted against all the appellants and, accordingly, cognizance was taken and case was committed to the court of sessions and registered as S.T. No.259 of 1987. Initially, Bhuneshwar Yadav and Prasadi Yadav were charged for the offence punishable under Section 302 of the Indian Penal Code and remaining accused were charged for the offence punishable under Sections 147, 148, 149 and 324 of the Indian Penal Code on 4th April, 1998. Charges were amended on 6th June, 2001. Thereafter, the appellants -Prasadi Yadav and Ishwar Yadav stood charged for the offence punishable under Sections 148 and 324 of the Indian Penal Code, whereas all the appellants, including Prasadi and Ishwar, stood charged under Sections 147, 447/149, 323/149 and 302/149 of the Indian Penal Code. The charges so framed were explained to the appellants to which they pleaded not guilty and claimed to be tried. To bring home the charges, the prosecution has examined altogether ten witnesses, whereas the appellants have examined one witness in their defence. Learned Additional Sessions Judge, placing reliance on the evidences and documents, available on record, held the appellants guilty and sentenced them, as indicated above.

(3.) Since Appellant No.6 -Ganpat Yadav died, the appeal as against him stands abated. Before commencement of trial, one of the accused, namely, Sarju Yadav died in a road accident, whereas the appellant -Ganpat Yadav died during pendency of this criminal appeal.