MANOJ KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present batch of four appeals arise out of judgment of conviction dated 10th of May, 1991 passed by the learned 3rd Additional Sessions Judge, Katihar in Sessions Trial No.229 of 1989, by which while acquitting fifteen accused persons, the learned Judge convicted the five appellants for committing offences under Sections 148 and 302/34 of the Penal Code and directed each of the appellants to suffer rigorous imprisonment for two years as also for life on the above two respective counts. Sentences were directed to run concurrently.

(2.) THE prosecution case emanated from the fardbeyan of P.W.1 Satyanarain Yadav, who happened to be the brother of the deceased. He alleged that he was also going with the deceased to attend the call of nature early morning on 19.4.1988. It is stated that when they had reached a particular point on the pitch road, the accused persons named in the F.I.R. numbering twenty -one came and surrounded his brother Umakant Yadav and at the orders of Jai Naraian Yadav (since acquitted) assaulted the deceased with farsa. It was specifically alleged that appellant Manoj Kumar Yadav dealt garasa blow while appellant Damodar Yadav wielded a bhala blow upon the deceased while the remaining three appellants Vijay Yadav, Dularchand Yadav and Maharana Pratap Singh @ Yadav along with acquitted accused Arun Yadav, Jyotish Yadav gave farsa blows to the deceased, as a result of which Umakant Yadav breathed his last at the spot. Seeing the occurrence P.W.1 ran towards his house and villagers started raising alarm which attracted people, who came and saw the occurrence and on which the accused persons also made their defence.

(3.) IT was stated by the informant himself that his father late Harihar Yadav had two wives. The informant and his deceased brother were the sons of the second wife whereas accused Jainarain Yadav and Sheonarain Yadav were the sons of Harihar Yadav from his first wife and that the accused persons had been conspiring to commit the murder of these brothers.