- (1.) BY Court. - Both the aforesaid appeals arose from the judgment of conviction dated 20.8.2003 and order of sentence dated 21.8.2003 passed in Session Case No. 73 of 1994 by learned Sessions Judge, Deoghar. The appellants of Criminal Appeal No. 1602 of 2003 (Lakhan Yadav) and appellants of Criminal Appeal No. 1245 of 2003 (Ram Sharan Yadav and Bharat Yadav) have been convicted under Section 302/34 of Indian Penal Code and under Section 323/34 of Indian Penal Code. All the aforesaid three appellants were sentenced to undergo life imprisonment and fine of Rs.20,000/ - (Twenty thousand) each and in the event of default, rigorous imprisonment for three years under Section 302/34 IPC and six months rigorous imprisonment under Section 323/34 of the Indian Penal Code.
(2.) AS both the appeals are directed against the same judgment of court below, therefore they are heard together and are being disposed of by this common judgment. The prosecution was launched on the basis of written report of informant Jagdish Prasad Yadav (P.W. 6), father of the deceased dated 5.11.1993.
(3.) THE prosecution case, in brief, is that on 5.11.1993 at about 9 A.M. while the informant -Jagdish Prasad Yadav was going to vegetable market at Madhupur Bazaar and when he reached near the turning of Glass Factory, the accused -appellants Ram Sharan Yadav, Lakhan Yadav, Bharat Yadav and Pinku Yadav who belong to the same family surrounded the informant -Jagdish Prasad Yadav and started assaulting. The informant raised alarm whereupon, his sons Narayan Yadav and Hiralal Yadav rushed there to rescue him, but the accused -appellants attacked them, assaulted and injured. It is alleged that Ram Sharan Yadav was armed with spear, Lakhan Yadav with iron rod and Bharat Yadav with club (lathi). Lakhan Yadav had given hard hit with rod on the head of Narayan Yadav as a result of which he fell down. It is subsequent case of the prosecution that Narayan Yadav, who had received grievous injury on his head, died on the way on hospital.;