DANA YADAV Vs. STATE OF BIHAR
LAWS(SC)-2002-9-136
SUPREME COURT OF INDIA
Decided on September 13,2002

DANA YADAV Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

AMAR SINGH V. EMPEROR [REFERRED]
KANTA PRASHAD RIZAK RAM VS. DELHI ADMINISTRATION:DELHI ADMINISTRATION [REFERRED]
VAIKUNTAM CHANDRAPPA VS. STATE OF ANDHRA PRADESH [REFERRED]
BUDHSEN VS. STATE OF UTTAR PRADESH [REFERRED]
JADUNATH SINGH VS. STATE OF UTTAR PRADESH [REFERRED]
STATE OF UTTAR PRADESH VS. RAJJU [REFERRED]
SHEIKH HASIB ALIAS TABARAK VS. STATE OF BIHAR [REFERRED]
RAMESHWAR SINGH VS. STATE OF JAMMU AND KASHMIR [REFERRED]
DHARAMVIR VS. STATE OF MADHYA PRADESH [REFERRED]
GOLAM ALIAS GOLAM MALLICK VS. STATE OF WEST BENGAL [REFERRED]
RAM SIA RAM VS. STATE OF UTTAR PRADESH [REFERRED]
MEHTAB SINGH VS. STATE OF MADHYA PRADESH [REFERRED]
KANAN VS. STATE OF KERALA [REFERRED]
MOHANLAL GANGARAM GEHANI VS. STATE OF MAHARASHTRA [REFERRED]
BOLLAVARAM PEDDA NARSI REDDY VS. STATE OF ANDHRA PRADESH [REFERRED]
STATE OF MAHARASHTRA VS. SUKHDEVSINGH:SUKHDEV SINGH ALIAS SUKHA [REFERRED]
JASPAL SINGH ALIAS PALI DARSHAN SINGH VS. STATE OF PUNJAB [REFERRED]
RAJU ALIAS RAJENDRA RAJYA ALIAS RAJU VS. STATE OF MAHARASHTRA [REFERRED]
SURENDRA NARAIN ALIAS MUNNA PANDEY VS. STATE OF UTTAR PRADESH [REFERRED]
RONNY ALIAS RONALD JAMES ALWARIS VS. STATE OF MAHARASHTRA [REFERRED]
GEORGE VS. STATE OF KERALA [REFERRED]
RAVINDRA ALIAS RAVI BANSI GOHAR KISHORE AMARSINGH MAHESHKAR VS. STATE OF MAHARASHTRA [REFERRED]
RAJESH GOVIND JAGESHA VS. STATE OF MAHARASHTRA [REFERRED]
STATE OF HIMACHAL PRADESH VS. LEKH RAJ [REFERRED]
RAMANBHAI NARANBHAI PATEL VS. STATE OF GUJARAT [REFERRED]
STATE OF U P VS. JAGNOO [REFERRED]
TEK CHAND VS. STATE [REFERRED]
STATE VS. DHANPAT CHAMARA [REFERRED]



Cited Judgements :-

NOORAHAMMAD AND ORS VS. STATE OF KARNATAKA [LAWS(SC)-2016-2-5] [REFERRED TO]
JARAPALA DEEPALA ALIAS BABU RAO VS. STATE OF A P [LAWS(APH)-2005-9-113] [REFERRED TO]
ARAB SK VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2015-6-61] [REFERRED TO]
GYAN SINGH AND ANOTHER VS. STATE OF U.P. [LAWS(ALL)-2017-1-335] [REFERRED TO]
LALLOO RAJA RAM SHAMBHOO NATH JAWAHAR LAL VS. STATE OF U P [LAWS(ALL)-2005-1-8] [REFERRED TO]
DAROGA SINGH ALIAS SHRI KRISHNA SINGH RAJESHWAR UPADHYAY AND PREM SINGH ALIAS PREM BAHADUR SINGH PINTOO SINGH VS. STATE OF U P [LAWS(ALL)-2005-1-50] [REFERRED TO]
INDER SINGH VS. STATE OF H.P. [LAWS(HPH)-2014-5-18] [REFERRED TO]
JAYANTA KALAI VS. STATE OF TRIPURA [LAWS(GAU)-2013-3-6] [REFERRED TO]
SURESH VS. STATE OF KERALA [LAWS(KER)-2002-11-56] [REFERRED TO]
HARIPADA PAUL VS. STATE OF TRIPURA [LAWS(GAU)-2012-4-94] [REFERRED TO]
BHAGWAN @ MAHARU RAGHO KOLI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-10-92] [REFERRED TO]
DINESH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-12-265] [REFERRED TO]
PANKAJ ALIAS PAKO ALIAS LAMBU RAMI VS. STATE OF GUJARAT [LAWS(GJH)-2009-8-70] [REFERRED TO]
VIKRAM AND ORS. VS. STATE [LAWS(DLH)-2015-10-125] [REFERRED TO]
JITESH @ TIE VS. STATE [LAWS(DLH)-2014-2-166] [REFERRED TO]
RIJAUL KARIM VS. STATE (GNCT OF DELHI) [LAWS(DLH)-2014-1-167] [REFERRED TO]
BINDESHWARI PASWAN AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-6-55] [REFERRED TO]
MOHD. NAUSHAD VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(SC)-2023-7-26] [REFERRED TO]
SABU VS. STATE OF KERALA [LAWS(KER)-2023-2-132] [REFERRED TO]
RAMANDEEP SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-5-103] [REFERRED TO]
VINOD KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-4-41] [REFERRED TO]
AJISH VS. STATE OF KERALA [LAWS(KER)-2017-10-81] [REFERRED TO]
CHANDRAN VS. STATE OF KERALA [LAWS(KER)-2013-7-152] [REFERRED TO]
SOYEBBHAI YUSUFBHAI BHARANIA AND OTHERS VS. STATE OF GUJARAT [LAWS(SC)-2017-3-114] [REFERRED TO]
PARTIES NAME RAM BHAWAN @ LALLOO VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-60] [REFERRED TO]
IN REFERENCE, RECEIVED FROM LEARNED FIRST ADDITION VS. RAMESH, S/O GHASIRAM KHATI [LAWS(MPH)-2016-3-123] [REFERRED]
PELIYAN VS. STATE REP BY THE INSPECTOR OF POLICE [LAWS(MAD)-2011-8-207] [REFERRED TO]
JITENDAR PRASAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-2-157] [REFERRED TO]
S H O VS. Subramani ALIAS Jeeva ALIAS Kullajeeva [LAWS(MAD)-2005-2-83] [REFERRED TO]
MURALLI VS. STATE OF KERALA [LAWS(KER)-2003-5-25] [REFERRED TO]
MOHAR SINGH VS. STATE OF M P [LAWS(MPH)-2011-8-23] [REFERRED TO (PARA 7) 2.]
OM PRAKASH ALIAS DHAKKADI VS. STATE OF M P [LAWS(MPH)-2013-9-437] [REFERRED]
RAJUBHAI DHAMIRBHAI BARIA VS. STATE OF GUJARAT [LAWS(BOM)-2012-7-241] [REFERRED TO (PARA 33). 8.]
MANGAROO VS. STATE OF U P [LAWS(ALL)-2005-9-55] [REFERRED TO]
RAKESH SARAHA VS. STATE [LAWS(DLH)-2007-12-36] [REFERRED TO]
RAMESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-33] [REFERRED TO]
MAHENDER SINGH@MUNNA VS. STATE GOVT NCT OF DELHI [LAWS(DLH)-2014-4-380] [REFERRED TO]
KASHMIRSINGH MOHANSINGH LATHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2003-2-56] [REFERRED TO]
SURDAS BALKRISHNA KIRGAT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2017-9-4] [REFERRED TO]
RAKESH @ PINTYA RAMESH RANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-10-3] [REFERRED TO]
ASIF @ SHABBU VS. STATE [LAWS(DLH)-2014-5-221] [REFERRED TO]
RABINDRA KUMAR PAL ALIAS DARA SINGH VS. REPUBLIC OF INDIA [LAWS(SC)-2011-1-114] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
STATE OF BIHAR VS. BACHESH KUMAR SINGH [LAWS(PAT)-2021-5-48] [REFERRED TO]
STATE OF BIHAR VS. DUKHAN KAHAR [LAWS(PAT)-2021-5-67] [REFERRED TO]
MANJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-1-269] [REFERRED TO]
Umapathy VS. State [LAWS(MAD)-2006-1-23] [REFERRED TO]
RABINDRA BARIK VS. STATE OF ODISHA [LAWS(ORI)-2018-8-50] [REFERRED TO]
PANIA GADA VS. STATE OF ODISHA [LAWS(ORI)-2021-10-7] [REFERRED TO]
BAIJU @ VIJAY S/O BADRI GADERIYA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-1-230] [REFERRED TO]
BHARAT SINGH VS. STATE OF M.P. [LAWS(MPH)-2017-3-94] [REFERRED TO]
KALYAN VS. STATE OF M. P. [LAWS(MPH)-2022-5-45] [REFERRED TO]
SIVAKUTTY @ BOMMA VS. STATE OF KERALA [LAWS(KER)-2012-1-137] [REFERRED TO]
KARAM SINGH BEDIA VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-1-151] [REFERRED TO]
STATE OF TRIPURA VS. ASHOK DEBBARMA @ ACHAK DEB-BARMA [LAWS(GAU)-2012-9-37] [REFERRED TO]
RECEIVED FROM LEARNED FIRST ADDITIONAL SESSIONS JUDGE,ASHTA, SEHORE (M.P.) VS. RAMESH [LAWS(MPH)-2016-3-106] [REFERRED]
MOHAR SINGH VS. STATE OF M P [LAWS(MPH)-2011-3-21] [REFERRED TO]
SADAAB@ SHAMSHAD VS. STATE [LAWS(DLH)-2014-3-281] [REFERRED TO]
JALIL ALI MOLLAH VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-8-54] [REFERRED TO]
RAJESH DHANAJI DHONDI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-5-44] [REFERRED TO]
MANOJ TOMAR @ LALA VS. STATE [LAWS(DLH)-2012-3-701] [REFERRED TO]
GIRISH SHIRODKAR VS. STATE [LAWS(BOM)-2020-9-182] [REFERRED TO]
SHAILENDRA ZALU SAHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-8-59] [REFERRED TO]
ANAND SONI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-12-22] [REFERRED TO]
PANDHARI LAXMAN SHENDGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-7-288] [REFERRED TO]
RAYA S O GOPAL MOON VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-3-14] [REFERRED TO]
AMARJEET @ MINTO VS. STATE [LAWS(DLH)-2014-5-288] [REFERRED TO]
GUJRA KARMALI VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-4-67] [REFERRED TO]
DASHRATH MURMU VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-2-164] [REFERRED TO]
STATE OF J&K VS. SHAM SUNDER [LAWS(J&K)-2023-4-40] [REFERRED TO]
SARNAM & ANR. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-9-77] [REFERRED TO]
MOHD HANIF VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-11-23] [REFERRED TO]
GULI BEHERA VS. STATE OF ORISSA [LAWS(ORI)-2017-9-100] [REFERRED TO]
MANISH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-1-61] [REFERRED TO]
DEEPAK @ WIRELESS VS. STATE OF MAHARASHTRA [LAWS(SC)-2012-9-23] [REFERRED TO]
STATE OF RAJASTHAN VS. DAUD KHAN [LAWS(SC)-2015-11-1] [REFERRED TO]
PRAVIN NARAYAN KHOLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-12-392] [REFERRED TO]
RAM SEWAK VS. STATE OF U.P. [LAWS(ALL)-2022-9-111] [REFERRED TO]
DEB KUMAR GUPTA VS. TATU SK. [LAWS(CAL)-2022-3-148] [REFERRED TO]
GUNDLA RAMESH ALIAS GOLLA RAMESH VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2002-12-137] [REFERRED TO]
SON KALI AND ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-9-419] [REFERRED]
RAMESH TIWARI VS. STATE OF U P [LAWS(ALL)-2014-12-50] [REFERRED TO]
KIRAN CHANDRAKANT OVHAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-4-204] [REFERRED TO]
SUHAIL VS. PETER SHYJU [LAWS(KER)-2023-3-163] [REFERRED TO]
DARSHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2013-10-7] [REFERRED TO]
PADAMNATH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-9-87] [REFERRED TO]
MOHD. HANIF AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-11-68] [REFERRED TO]
KUNAL PANCHAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-1-67] [REFERRED TO]
HARJENDRA SINGH ALIAS BABA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-11-83] [REFERRED TO]
MANOJ RAI AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-38] [REFERRED TO]
AKBAR ALI @ MD SENTU, S/O WAHAB ALI VS. STATE OF SIKKIM [LAWS(SIK)-2016-11-8] [REFERRED TO]
ALUMALAI VS. STATE [LAWS(MAD)-2005-6-136] [REFERRED TO]
KARUMALAIYAN ALIAS ANNADURAI VS. STATE [LAWS(MAD)-2003-3-138] [REFERRED TO]
SAJEEVAN VS. STATE OF KERALA [LAWS(KER)-2012-10-493] [REFERRED TO]
SUKHBIR SINGH VS. STATE OF PUNJAB [LAWS(SC)-2011-1-34] [REFERRED TO]
VASANT SAMPAT DUPARE VS. STATE OF MAHARASHTRA [LAWS(SC)-2014-11-75] [REFERRED TO]
KISHAN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-12-27] [REFERRED TO]
STATE THROUGH NCT OF DELHI VS. SURENDER KUMAR @PAPPEY [LAWS(DLH)-2019-12-192] [REFERRED TO]
MURUGAN VS. STATE [LAWS(MAD)-2008-3-163] [REFERRED TO]
IMRAN AND ORS. VS. STATE [LAWS(DLH)-2015-4-178] [REFERRED TO]
BIVEESH VS. STATE OF KERALA [LAWS(KER)-2019-10-63] [REFERRED TO]
NAZIM KHAN ALIAS GUDDU VS. STATE [LAWS(DLH)-2014-5-122] [REFERRED TO]
SURESH PANGA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-5-93] [REFERRED TO]
HARPAL SINGH @ HARBABU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-3-168] [REFERRED TO]
NARESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2019-4-18] [REFERRED TO]
KEWAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-3-61] [REFERRED TO]
MAHENDRA ADIWASI VS. STATE OF MP [LAWS(MPH)-2018-5-98] [REFERRED TO]
SURAJ NATH S/O RATANLAL NATH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-93] [REFERRED TO]
KANHA VS. STATE OF M P [LAWS(MPH)-2018-8-51] [REFERRED TO]
HEERA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-195] [REFERRED TO]
KALAPPA @ KALA @ RAVI S/O LATE MUNIVENKATAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2019-3-9] [REFERRED TO]
PRABHUNATH SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-8-42] [REFERRED TO]
PRABHUNATH SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-8-42] [REFERRED TO]
ARUMALAIYAN @ ANNADURAI AND OTHERS VS. STATE BY INSPECTOR OF POLICE, KEERAITHURAL P.S., MADURAI [LAWS(MAD)-2003-3-268] [REFERRED TO]
A Babu VS. State [LAWS(MAD)-2004-12-85] [REFERRED TO]
JAYANTA KALAI VS. STATE OF TRIPURA [LAWS(GAU)-2013-1-22] [REFERRED TO]
SHAIKH HARUN VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2018-3-363] [REFERRED TO]
RAJNISH PURUSHOTTAM POGADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-6-123] [REFERRED TO]
SUSHIL ARORA VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2017-12-166] [REFERRED TO]
ASHISH WINDWANI VS. STATE (NCT OF DELHI) [LAWS(DLH)-2022-10-115] [REFERRED TO]
MOHD ISRAR QURESHI VS. STATE [LAWS(DLH)-2014-2-13] [REFERRED TO]
BHAWNA GARG VS. STATE [LAWS(DLH)-2014-2-112] [REFERRED TO]
SALIM @ NAJU VS. STATE [LAWS(DLH)-2013-9-273] [REFERRED TO]
BHOORA KHAN @ BHALU VS. STATE OF U.P. [LAWS(ALL)-2016-7-125] [REFERRED]
BHURA SINGH AND ORS. VS. STATE OF HARYANA [LAWS(P&H)-2015-4-126] [REFERRED TO]
RAMU VS. STATE [LAWS(RAJ)-2013-9-374] [REFERRED]
BALWANT SHAH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-1-64] [REFERRED TO]
A NATARAJAN VS. ASSISTANT DIRECTOR (QUALITY CONTROL), DEPARTMENT OF AGRICULTURE [LAWS(MAD)-2011-12-265] [REFERRED]
VIRENDER SINGH ALIAS NANHA VS. STATE OF HARYANA [LAWS(P&H)-2005-7-119] [REFERRED TO]
BEENA VS. SUPERINTENDENT CENTRAL PRISON [LAWS(MAD)-2010-8-118] [REFERRED TO]
DHEERAJ AND SANDEEP VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-8-135] [REFERRED TO]
BHUPENDRA SINGH VS. STATE OF MP [LAWS(MPH)-2018-2-199] [REFERRED TO]
SAHEBKHA KARIMKHA MALEK VS. STATE OF GUJARAT [LAWS(GJH)-2018-3-82] [REFERRED TO]
MUKUND KACCHAP VS. STATE OF BIHAR (NOW JHARKHAND) [LAWS(JHAR)-2019-5-90] [REFERRED TO]
ASHOK KUMAR VS. STATE REP. BY INSPECTOR OF POLICE [LAWS(MAD)-2022-3-95] [REFERRED TO]
STATE AND ORS. VS. STATE OF KERALA [LAWS(KER)-2007-4-258] [REFERRED TO]
MANGAL DEB BARMA VS. STATE OF TRIPURA [LAWS(GAU)-2009-9-32] [REFERRED TO]
Yasuddin VS. Inspector of Police [LAWS(MAD)-2004-10-93] [REFERRED TO]
PADHAKUMAR VS. STATE [LAWS(MAD)-2020-2-398] [REFERRED TO]
SAFDAR VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-5-61] [REFERRED TO]
MOHAMMAD AKRAM VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-168] [REFERRED TO]
RABINDRA KUMAR PAL ALIAS DARA SINGH VS. REPUBLIC OF INDIA [LAWS(SC)-2010-1-11] [REFERRED TO]
DASTAGIR SAB VS. STATE OF KARNATAKA [LAWS(SC)-2004-1-11] [REFERRED TO]
STATE OF BIHAR VS. KRISHNA BIHARI SINGH @ KRISHNA SINGH [LAWS(PAT)-2010-3-227] [REFERRED TO]
STATE THROUGH REFERENCE VS. RAM SINGH [LAWS(DLH)-2014-3-175] [REFERRED TO]
STATE OF GOA VS. RIZWAN SOFIK SAIFI [LAWS(BOM)-2020-5-117] [REFERRED TO]
STATE VS. SURENDER KUMAR @PAPPEY [LAWS(DLH)-2019-12-165] [REFERRED TO]
MAJHAR NASHIR SHAIKH AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-5-30] [REFERRED TO]
SABHA SHANKAR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2014-11-279] [REFERRED TO]
UMESH KUMAR MISHRA S/O RADHEY SHYAM VS. STATE [LAWS(ALL)-2021-10-90] [REFERRED TO]
Sakra Oraon VS. State of Jharkhand [LAWS(JHAR)-2013-2-135] [REFERRED TO]
MUKESH MAHTO VS. STATE OF JHARKHAND [LAWS(JHAR)-2020-2-52] [REFERRED TO]
ABRAR VS. STATE NCT OF DELHI [LAWS(DLH)-2015-5-146] [REFERRED TO]
JUMME KHAN VS. STATE OF HARYANA [LAWS(P&H)-2003-2-9] [REFERRED TO]
STATE OF H P VS. SANTOSH KUMAR [LAWS(HPH)-2010-11-27] [REFERRED TO]
PREJITH @ OMANAKUTTAN VS. STATE OF KERALA [LAWS(KER)-2016-2-183] [REFERRED TO]
GURMEET VS. STATE OF HARYANA [LAWS(P&H)-2016-1-7] [REFERRED TO]
SUBHASH KRISHNAN VS. STATE OF GOA [LAWS(SC)-2012-8-26] [REFERRED TO]
ASHOK DEBBARMA @ ACHAK DEBBARMA VS. STATE OF TRIPURA [LAWS(SC)-2014-3-4] [REFERRED TO]
SHYAM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-1-91] [REFERRED TO]
RAJU AND ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2015-5-185] [REFERRED TO]


JUDGEMENT

B. N. Agrawal, J. - (1.)The appellants along with accused Rajendra Yadav and Madan Dusadh were convicted by the trial court under S. 302/149 of the Penal Code and sentenced to undergo imprisonment for life. They were further convicted under S. 307/149 and 436 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and seven years respectively. The sentences were, however, directed to run concurrently. The other five accused were acquitted by the trial court. On appeals being preferred, convictions and sentences of the appellants have been upheld by the High Court whereas accused Rajendra Yadav and Madan Dusadh have been acquitted.
(2.)The prosecution case, in short, is that the informant-Shambhu Prasad Komal (PW.14), who was worker of Revolutionary Group of Forward Bloc, along with his companions was undertaking a padyatra from 22nd April, 1983 to 27th April, 1983 which was led by their leader Balmukund Rahi. In the evening of 25th April, 1983 they held a meeting at Guraru and after the same was over PW-14 along with 150 workers went to Village Karma for night halt where they stayed in the house of one Ramratan Yadav (PW.12) and after taking dinner when some of them were sitting inside the Baithaka and others outside, at about 9-9-15 P.M., they heard slogans coming from towards South of the village. In the meantime, nearly 150-200 members of Naxalite group came, surrounded the house of PW-12, amongst whom accused Dara singh @ Kamdeo Yadav and appellant Bindeshwar Yadav were carrying guns and pointing towards the prosecution party saying "be careful and raise your hands" whereupon out of fear some of the members of the prosecution party went inside the house and closed the door from within. Thereafter, they heard sounds of bullet firing and bomb explosion and the house in which they were hiding themselves was set on fire. When the members of the prosecution party found that they were exposed to the risk of being roasted alive as a result of fire, they came out of the house and at that point of time the accused persons surrounded them and took them to the south-eastern direction where they were forced to sit. Out of the members of the prosecution party, Balmukund Rahi, Chandradeo Yadav and Ganesh Yadav (PW1) were taken to eastern direction by the appellants Bindeshwar Yadav and Bhuneshwar Bind besides accused Dara Singh, Madan Dusadh, Dhudheshwar Dusadh and Gupta Yadav. Out of them appellants Bindeshwar Yadav and Bhuneshwar Bind apart from accused Dara Singh and Dhudheshwar Dusadh were said to have cut throats of Balmukund Rahi and Chandradeo Yadav with pasuli whereas PW-1 was inflicted injuries on the head by pharsa but he managed to escape. Appellants Dana, Rambilas, Doman and Ramchandra along with eight other named accused persons and several other unknown were alleged to have surrounded other members of the prosecution party and assaulted Bal Govind (PW8), Chandrika (PW4) and Ramratan Yadav (PW12) who received injuries. Thereafter the accused persons took to their heels. Motive for the occurrence disclosed was that members of the prosecution party had undertaken padyatra against terror spread by the naxalites. Stating the aforesaid facts, fardbayan of the informant (PW-14) was recorded by the Sub Inspector of Police on the same day at 11 P.M. in the village on the basis of which formal first information report was drawn up against 14 named accused persons, including the appellants, excepting Deo Nandan, and the police, after registering the case, took up investigation, during the course of which appellant Deo Nandan was also made accused in the case and on completion thereof, submitted charge-sheet, on receipt whereof the learned Magistrate took cognizance and committed 14 accused persons, including the appellants, to the Court of Session to face trial.
(3.)Defence of the accused persons, including the appellants, was that they were innocent and had no complicity with the crime, but were falsely implicated.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.