- (1.) BY Court. - The appellants were charged under Sections 302/34 of the Indian Penal Code for committing murder of Khublal Yadav. They were further charged under Sections 147 and 148 of the Indian Penal Code. On conclusion of trial, the appellants were found guilty of committing offences under Section 302 and Section 34 of Indian Penal Code, for which they were convicted and sentenced to undergo rigorous imprisonment for life. In addition, appellant Nos. 6 and 8 were convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and appellant Nos.1 to 5 and 7 were also convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year -all the sentences to run concurrently.
(2.) THE prosecution was launched on the basis of fardbeyan of Punuwa Devi (P.W.8), the wife of alleged injured Shyamlal Yadav. The prosecution case, briefly stated, is that on 9.4.1989 at about 9 P.M. the accused -appellants Bhuneshwar Yadav armed with Dab, Basudeo Yadav with Katari, Munna Yadav with Farsa, Darbari Yadav with axe, Phulchand Yadav with Farsa, Thami with lathi, Dwarka with Bhala, Horil with lathi surrounded the deceased Khublal Yadav, who was returning after easing himself. When the deceased reached near the house of Horil Yadav, he accosted by Horil and there were hot exchanges between them relating to some land dispute. The Informant and her family came out of their house and reached near the house of accused Horil Yadav and tried to pacify the accused persons. But in the meantime accused -appellant Phulchand gave a Farsa blow on the head of Khublal. Accused Bhuneshwar Yadav inflicted injury with his 'Dab' on the head of the deceased, Khublal fell down and died. The accused -appellants, thereafter, dragged Khublal Yadav inside the house and there also they caused some injuries on his person. As a result, Khublal died. Phulchand Yadav and Munna Yadav also assaulted the husband of the informant causing injuries. When Mahabir Yadav went to rescue, accused Dwarika Yadav gave 'Bhala' (spear) blow on him.
(3.) ON the basis of the said fardbeyan of Punuwa Devi the Police registered a case against the accused persons under Sections 147/148/149/302/307 of the Indian Penal Code. The police took up investigation and after completion, submitted charge -sheet against the accused appellants.;