PRITINKER DIWAKER,J. - (1.) This appeal arises out of the impugned judgement and order dated 06.11.2008 passed by Sessions Judge, Kushi Nagar in Sessions Trial No. 32 of 2005 (State vs. Bichan Yadav and Others.), convicting the appellants under Section 302/34 of IPC and sentencing them to undergo imprisonment for life and a fine of Rs. 10,000/- each, in failure to pay the fine, additional imprisonment for one year has also been awarded.
(2.) In the present case, name of deceased is Birju Yadav. The said Birju Yadav was having an old land dispute with the accused appellants and for that reason, he was killed. In the night intervening 27/28.02.2004, when the deceased was in his hutment along with his minor son (PW-1) Jai Prakash, the accused persons gained entry in the hutment carrying sharp cutting weapons. Accused no. 1 Bichari Yadav and accused no. 3 Subhash Yadav caught hold the deceased and then accused no. 2 Rama Nand Yadav gave a blow of Gadasa on the neck of the deceased, resulting instantaneous death of the deceased. Incident has been witnessed by a child witness (PW-1), who was in the hutment of the deceased on the particular date. While (PW-1) Jai Prakash objected, he was threatened by the accused persons and after the murder of his father, he stayed in the hutment throughout the night, but in the early morning, he rushed to his mother, who was residing in a separate house in the village and narrated the entire incident to her. On 28.02.2004, at 8:30 am, an FIR Ex.Ka.4 was lodged by (PW-2) Avtari Devi, wife of the deceased, based on which offence under Section 302 of IPC was registered against all the three accused persons.
(3.) Inquest on the dead body was conducted vide Ex.Ka.7 on 28.02.2004 and the body was sent for postmortem, which was conducted vide Ex.Ka.2 on 28.02.2004 by (PW-3) Dr. A. N. Singh.;