ANIL YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel for the appellants and learned counsel for the State.

(2.) The appellants are aggrieved by the Judgment of conviction dated 9th September 2009 and Order of sentence dated 15th September 2009, passed by the learned 1st Additional Sessions Judge, Godda, in S.T. No. 80 of 2004 / 393 of 2009, whereby all the appellants have been found guilty and convicted for the offence under Sections 302 / 34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life and fine of Rs.5,000/- each for the said offence.

(3.) The case relates to triple murder, and the prosecution case was instituted on the basis of the fardbeyan of Manju Devi, the daughter-in-law of one of the deceased Chutari Matha, which was recorded on 17.11.2003 at 13:30 hours, at Godda Bhagalpur Road near Kauri-bahiyar turning. It is stated in the fradbeyan that on the same day, in the morning, the informant along with her sister-in-law (gotni) Sanju Devi were going to Godda on a rickshaw for the treatment of her grandson Chhotu. Her father-in-law Chutari Matha, her son Rajesh Yadav and bhagina Lalu Yadav, were proceeding ahead on a motorcycle, as they had also to appear in Godda Court. When they had reached near Kauri-bahiyar turning, she saw that her villagers Raju Yadav, Umesh Yadav, Anil Yadav, Sindho Yadav, Pappu Yadav, Sankar Yadav, Satru Yadav, Mannu Yadav, Dhananjay Yadav, Pradeep Yadav, the daughter's son of Sindho Yadav, Ravi Yadav, the samdhi of Sindho Yadav, and Lobin Yadav, came there armed with lathi, garasha, pistol and bombs and they hurled bombs on the motorcycle, due to which, Chutari fell down and thereafter Umesh, Raju and Anil assaulted him by several bombs causing his death at the spot. Lalu and Rajesh, who were also on the motorcycle, started fleeing away in opposite directions and they were chased by the accused persons. Lalu was apprehended nearby and he was also assaulted by bomb and firearm causing his death at the spot, whereas Rajesh was chased up to some distance and he was also assaulted by bomb and firearm and his dead body was thrown in a nearby pond. She has stated that there were 15 to 20 sounds of bombs and firearm and both these ladies also started screaming and fleeing away towards Pakuria village. She stated that all the accused persons fled away from the spot on foot. As to the cause of occurrence, she has stated that about two to three years ago, Pitamber Yadav and Mahesh Yadav of her village were murdered, in which her father-in-law Chutari Matha, her brothers-in-law Kishan Yadav and Kesho Yadav, her son Rajesh Yadav and bhagina Lalu Yadav were also accused and they were in jail. Sindho Yadav used to give threats that as soon as they would come out from jail, they would take the revenge of murder by murdering them. About one month ago, her father-in-law Chutari Matha, her son Rajesh and bhagina Lalu had been released from jail custody and they were murdered by the accused persons. On the basis of the fradbeyan given by the informant Manju devi, Godda Town P.S. Case No.301 of 2003, corresponding to G.R. No.1181 of 2003 was instituted and investigation was taken up. After investigation, the police submitted the charge-sheet in the case against seven accused appellants for the offences under Sections 302 / 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act, and final form was submitted against the others.