- (1.) The two appeals have been heard together and are being disposed of by this common judgment. Challenge in these appeals is to the judgment of conviction and order of sentence passed by Sri Swaroop Lal, 1st Additional Sessions Judge, Godda in Sessions Case no. 15 of 1995/ 89 of 1996 holding the six appellants guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.
(2.) The prosecution version as unfolded during trial is that the informant Permanand Yadav (P.W. 5) reported to the police at 7:30 A.M. on 21.11.1994 that in the evening of 20.11.1994, his niece complained him of pain in her abdomen, whereafter he went to the office of his brother Upendra Prasad Yadav (deceased) at Urja Nagar, C.M.P.D.I. to inform about the pain in abdomen of his daughter. Thereafter, he along with Upendra Yadav came back to his house and after taking motorcycle of one Chatish Sah of his village, which was parked near the door of Anil Yadav, proceeded to call Dr. Jaikant Bhagat and when they reached at a distance of about 100 yards from his village, they met Anil Yadav (P.W.2), Nandeshwar Yadav (P.W.7), Prakash Yadav (P.W.4) and his own brother Siyanand Yadav (P.W.3), who were returning from Chandsar side. They informed him that they have seen Sanjay Yadav, Pramod Yadav, Manoj Yadav, Surya Narayan Yadav, Naresh Yadav and Pappu Yadav, all co-villagers, sitting near west of the school. To avoid any dispute with those persons, they warned him not to go that side but as his niece had acute pain in her abdomen, he along with his brother proceeded to call the doctor and when they reached almost 100 yards from the High School at about 8:15 p.m., they saw Pappu Yadav armed with Gupti, Sanjay Yadav and Pramod Yadav with fire arms, Manoj @ Manohar Yadav and Surya Narayan Yadav armed with lathi and Naresh Yadav armed with stones, in the flash of light of motorcycle. After seeing them, Pappu Yadav and Sanjay Yadav asked them to stop the motorcycle otherwise they would be killed. The moment, his brother stopped the motorcycle, he, who was sitting as pillion rider, got down and fled away towards east. It is also alleged that while fleeing he looked back and found that the accused persons were assaulting his brother. He ran towards his village raising alarm and at some distance, he met Anil Yadav, Prakash Yadav, Nandeshwar Yadav and Siyanand Yadav and informed them about the occurrence whereafter they rushed towards the place of occurrence to save his brother but when they reached almost 30-40 yards away from the place of occurrence, Sanjay Yadav and Prakash Yadav, who were holding fire arms, threatened them not to proceed ahead otherwise they would also be killed like one, who has already been killed. The accused persons after giving threatening to them fled away towards west. The informant and other persons found mouth and neck of Upendra Yadav wrapped with muffler and Upendra Yadav was motionless. In the torch light, they found injury and blood was coming out from the shoulder of the deceased and also found injury on both temples. Upendra Yadav was found dead. The matter was reported to the members of the family through Siyanand Yadav, whereafter, his mother, Bhabhi (wife of the deceased), his niece and other family members came there. All the persons stayed near the dead body and as it was night, apprehending further assault, they did not inform the police station and in the next morning i.e. 21.11.1994, the information was given to the Police Station, whereafter, the F.I.R. (Ext.-3) was lodged. The motive behind the occurrence was the old land dispute with the accused persons.
(3.) The I.O. of this case Om Prakash Singh (P.W.10) after investigation, submitted the charge sheet against six accused persons. Thereafter, the case was committed to the court of sessions where the charges were framed against all the six accused persons under Section 302/34 of the Indian Penal Code and the charges were read over and explained to them to which they denied and claimed themselves as innocent. The accused persons took the defence that the said Upendra Yadav died in a vehicular accident and they have been falsely implicated in this case due to previous enmity.;