SATYA NARAIN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals have been heard together and are being disposed of by the common judgment. The appellant Satya Narain Yadav (Cr. Appeal No. 366 of 1994) has been convicted under Sections 302/149 of the Indian Penal Code (hereinafter referred to as the 'IPC ') and sentenced to undergo rigorous imprisonment for life by the 3rd. Additional Sessions Judge, Saharsa by his judgment passed in Sessions Trial No. 18 of 1992. By the same judgment appellant Kuldip Thakur (Cr. Appeal No. 401 of 1994) has been convicted for the offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life.

(2.) THE prosecution case in brief is that the informant Bouku Sada (P.W. 3) in his fardbeyan recorded at Sour Bazar P.S. on 18.6.1990 at about 6.00 A.M. alleged that in the night of 17/18.6.1990 at about 2.00 A.M. the informant was sleeping at the door of western room of the house. His son Malhu Sada (deceased) along with his wife and son were sleeping at the eastern verandah of the house. He awoke on the barking sound, which was coming near the house of the appellant Kuldip Thakur. He became suspicious. He saw some persons entering inside his Angan who were flashing torch -light. He identified appellants Kuldip Thakur and Satya Narain Yadav, both residents of the same village, He also noticed that appellant Satya Narain Yadav was flashing torch -light and appellant Kuldip Thakur was armed with 303 pistol. Appellant Satya Narain Yadav flashed torch and thereafter appellant Kuldip Thakur fired pistol hitting in the back of his son while he was sleeping on the bed. Therafter both the accused fled away. He also saw three other persons along with the abovenamed two accused appellants but he could not identify them. On his cry and sound of firing all the family members assembled and they started weeping. The neighbours also assembled. Injured Malhu Sada was being removed to Sour Bazar Hospital on a cot but in the way he died. The motive alleged in the F.I.R. is that there are two parties in his village who have dispute over the land of Than -gaha Jungle. The informant's son Malhu Sada was in the party of one Chandrashekhar Jha and used to plough his field. The appellants always threatened him not to plough the land of Chandrashekhar Jha and also threatened of dire consequences. The informant suspected that this was the motive of the, murder of his son. The fardbeyan was marked Ext. 3. On the basis of which formal F.I.R. (Ext. 4) was drawn up. The case was investigated by the S.I. of Police, Jai Dayal Singh (P.W. 7) and Khela Nand Mishra, Officer -in -charge (P.W. 8) and charge -sheet was submitted against both the appellants.

(3.) THE prosecution has examined eight witnesses, out of them P.W. 1 (Paria Devi) and P.W. 2 (Bharti Devi) are mother and wife of the deceased respectively. P.W. 3 (Bouku Sada) is father and informant and P.W. 4 (Sonelal Sada) is uncle to the deceased. All these four have deposed as eye witness. P.W. 5 (Bindeshwari Gupta) is a local shop -keeper and is a witness on the inquest report. P.W. 6 (Dr. A. K. Choudhary) held the postmortem on the dead body of deceased Malhu Sada. P.Ws. 7 and 8 are the two investigating officers in the case. The defence has examined Chandeshwar Yadav as D.W. 1 and brought on record Ext. A, the certified copy of F.I.R. t,of Sour Bazar P.S. Case No. 18/87 Ext. B. the certified copy of the final form submitted in the above case, Ext. A/1, the certified copy of F.I.R. of G.R. Case No. 663/86. On the basis of the above evidence. the contention of the defence is that accused -appellants are supporters of original Musahars, who have reclaimed the land of Thangaha Jungle which has been purchased by some landlord, There is tussle between the landlord and the original tenants, which was the motive of false implication of the appellants at the hands of landlords of the locality. On behalf of the defence the murder of Malhu Sada has not been disputed but their contention is that the occurrence has not taken place in the alleged manner and the accused -appellants have been falsely implicated.