BHUNESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal against the judgment dated 22.12.1987 passed by Shri John Dhan, 8th Addl. District and Sessions Judge, Munger in S.Tr. No. 122/82/57/85 under which he has convicted the appellants under Section 302/34 of the Indian Penal Code and has sentenced them to undergo imprisonment for life and has further convicted the appellants Deep Lal Yadav and Naresh Singh under Section 148, IPC and the appellants Yamuna Yadav, Hiya Lal Yadav and Nepali Yadav @ Rameshwar Yadav under Section 147, IPC but has not passed any sentence against them for these offences.

(2.) The prosecution case, as disclosed, from the fardheyan (Ext. 2) of the informant Sukar Yadav of Village Mananpur, P.S. Kakhisarai, District Munger is that one Jib Lal Yadav of his village, the father-in-law of Ino Devi, had transferred almost all the property belonging to him to his sister's sons, Budhan Yadav (father of the appellants, Nepali Yadav, Yamuna Yadav, Deep Lal Yadav) and Garho Yadav sons of Sumer Yadav of his village. Hence, Ino Devi had filed a partition suit in Munger Court. Yogendra Yadav (deceased), the son of the informant, used to make pairvi in that case on behalf of Ino Devi. On 18.9.1980 Yogendra Yadav had also gone to Munger Court with Ino Devi and returned from there with her on 19.9.1980. The appellant Naresh Singh had also land dispute with his maternal uncle Harikishun Singh for which litigation was going on. The deceased Yogendra Yadav used to help Harikishun Singh in that litigation. The deceased also used to raise voice against the misdeeds of the appellant Bhuneshwar Yadav who was then the Panchayat-mukhiya. The appellants hence were aggrieved with Yogendra Yadav (deceased). On 20.9.1980 at about 10 a.m. Yogendra Yadav had gone to take bath at the canal situated in his village and he (informant) was also taking bath in the same canal, at a short distance from his son, when he heard the cries of his son. On this, he looked towards the side from where sound was coming and saw that the appellant Bhuneshwar Yadav ordered to kill his son, abusing ironically that he (deceased) had become helper of all. On that order, co-villagers, appellants, Nepali Yadav @ Rameshwar Yadav, Yamuna Yadav, Hiya Lal Yadav, all armed with lathi, Deep Lal Yadav, armed with pistol, Naresh Singh, armed with bhala, who had gathered there, assaulted Yogendra Yadav with their respective weapons and Yogendra Yadav died. The informant, in the meantime, raised alarm and the witnesses arrived and saw the occurrence. The appellants then fled away.

(3.) On the same date at 3.00 p.m. the fardbeyan of the informant was recorded by the S.I., J.K. Ambastha of Chananpur Sub-sidiary P.S. of Lakhisarai. The fardbeyan was forwarded to the Lakhisarai P.S. where cases of Chananpur Subsidiary P.S. were registered. On the basis of that fardbeyan, formal FIR (Ext. 1) was drawn up at Lakhisarai P.S. The police investigated the case and after completing investigation submitted charge-sheet against the appellants and also against the non-FIR accused Peyare and Girja Yadav.