- (1.) The aforesaid three appellants were put on trial along with one Parmeshwar Yadav (died during the pendency of this appeal) on the accusation of committing house trespass for the purpose of wrongful confinement of one Ram Chandra Yadav who in furtherance of common object was done to death. The court while acquitting the appellants and one Parmeshwar Yadav for the charges under Sections 147, 148, 307 found them guilty for the offence punishable under Section 302/34, 342 and 452 of the Indian Penal Code and accordingly, recorded the judgment of conviction dated 27.4.2004 and sentenced them vide its order dated 28.4.2004 to undergo imprisonment for life and to pay a fine of Rs.2000/- for the offence under Section 302 of the Indian Penal Code and further to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1000/- for the offence under Section 452 of the Indian Penal Code and also to undergo rigorous imprisonment for a period of one year for the offence under Section 342 of the Indian Penal Code. All the sentences were ordered to run concurrently.
(2.) The case of the prosecution is that on 30.5.2001 at about 8 p.m. the appellant Bhola Yadav came in front of the house of the deceased Ram Chandra Yadav where exchange of abuses took place in between the appellant Bhola Yadav and the deceased Ram Chandra Yadav. The informant Dhirendra Yadav (P.W.1) son of the deceased, asked Bhola Yadav not to abuse his father. In the meantime, Bhola Yadav gave a lathi blow on the head of the deceased, as a result of which the deceased fell unconscious. At that point of time, villagers Ram Nath Yadav (not examined) and one Bali Yadav (P.W.5) reached over there and brought the injured to Varandah where they put injured to message, as a result of which Ram Chandra Yadav regained consciousness. After some times at about 9 O'clock while Ram Chandra Yadav was strolling in front of his house and Surendra Yadav (P.W.2), son of the deceased, Jitine Devi (P.W.6), the wife of the deceased, Wahni Devi, second wife of the deceased and Faguni Devi, mother of the deceased were sitting at the door of the house, the appellants as well as Parmeshwar Yadav, Dhano Devi, wife of Kameshwar Yadav, Parvatia Devi, wife of Bhola Yadav came over there armed with lathi and danda and started abusing them. They started assaulting Ram Chandra Yadav to whom when Dhirendra Yadav (P.W.1), informant came to rescue, he was also assaulted by the accused Parmeshwar Yadav. Thereupon all the appellants took Ram Chandra Yadav to their house by assaulting him. When Ram Chandra Yadav started raising distress sound, the informant Dhirendra Yadav informed to his uncle, Tapeshwar Yadav (P.W.4), who came there along with Nima Yadav, Chakku Yadav, Inder Yadav and saw all the appellants assaulting Ram Chandra Yadav. When the informant and his uncle Tapeshwar Yadav tried to rescue Ram Chandra Yadav, they were assaulted by lathi.
(3.) Thereupon the appellants brought Ram Chandra Yadav out of the house and dumped him under a Machan. When the villagers assembled, the appellants and other accused persons fled away.;