Gopal Prasad, J. - (1.)Heard learned counsel for the appellants and the State. These two appeals have been heard together and are being disposed of by this common order as both arise out of common judgment dated 16.08.2011 passed by Sri Anand Singh, learned Additional Sessions Judge, FTC -III, Khagaria in Sessions case No. 45 of 1999, Trial No. 48 of 2011 arising out of Parbatta P.S. case No. 145 of 1997.
(2.)The appellants of both these cases have been convicted under Sec. 148 of the IPC and sentenced to undergo R.I. for two years and the appellants, Manoj Yadav, Rabindra Yadav, Viveka Yadav, Harinandan Yadav, Indradev Yadav and Hakim Yadav have further been convicted under Sec. 307/149 of the IPC and sentenced to under R.I. for 10 years and a fine of Rs. 3,000/ - and for non payment of fine to undergo R.I. for two months. The appellant, Bilash Yadav and Ajay Yadav have been convicted under Sec. 307 of the IPC and sentenced to undergo R.I. for 10 years and a fine of Rs. 2,000/ - and for non payment of fine to undergo R.I. for two months.
(3.)The prosecution case lodged on the basis of fard bayan of informant, Kinu Prasad Yadav, is that on 02.10.1997 at about 10 AM two goats of Indradev Yadav were grazing the wheat crop of informant; adjoining east of the house of informant, and so he was driving out the goats towards the south of the village and as soon as he reached on the Parti land of Jarman Yadav then Karelal Yadav @ Sanjay Yadav, Ajay Yadav, sons of Indradev Yadav, Indradev Yadav, Bilash Yadav, Hakim Yadav, Manoj Yadav, son of Anik Yadav, Rabindra Yadav, Harinandan Yadav, son of Janu Yadav and Viveka Yadav, son of Shibu Yadav surrounded him from all four sides with their three -nuts and guns. On hulla, Sachida Yadav (not examined), Yogi Yadav (not examined) and Dhyani Yadav (not examined) came. Further case is that the accused persons, who surrounded the informant with their three -nuts and guns, fired by which informant got injuries. Out of firing of Karelal Yadav @ Sanjay Yadav the informant received injuries on his left ear and right shoulder. Further case is that Ajay Yadav fired by which Sachida Yadav got injuries and thereafter Indradev Yadav fired by which Yogi Yadav got injuries and Bilash Yadav fired, which caused injury to Dhyani Yadav. On receiving fire arm injuries all the four injured were taken by the villagers on cot and then by Tata Maxi to the Referral Hospital, Gogari where the informant and three injured were treated.