NATHUNI YADAV ALIAS FAUZDAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment of conviction of aforementioned accused on various charges including under Section 302/148 of the Indian Penal Code (hereinafter referred to as 'the Code'). They have been sentenced to suffer imprisonment for life and also to various other terms of imprisonment on other charges, the details of which will be discussed hereinafter.

(2.) The case against them arose on the statement (fardbeyan Ext. 2) of P. W. 13 Ayodha Pd. made on 28-2-1974 at Rafiganj State Dispensary. It was recorded by an A. S. I. Shibpujan Singh (P. W. 18) and he drew a formal FIR on it, which has been marked as Ext. 6. The police registered a case under Sections 379, 149, 148, 147 and also Section 34 of the Code for committing theft, causing riot and for assaulting Firangi Pd. who later died in the Pilgrim Hospital Gaya. Short facts of the case are as follows :- "There is a land bearing survey plot No. 378 Khata No. 101 in village Deokali under Police Station Rafiganj. P. W. 13 Ayodhya Prasad claims that this land belongs to him. It is the case of the prosecution that at the relevant time there were crops of Masuri and Tisi in the field. It is about 4 bighas in area. There was a proceeding under section 145 of the Code of Criminal Procedure between Ayodhya Singh on the one hand and some of the accused persons on the other. Ayodhya Prasad states that just a day prior to the occurrence, on 27-2-1974 the proceeding terminated in his favour. A copy of the judgment was also filed in court which has been marked as Ext. 9. Ayodhya Prasad was declared to be in possession over the land."

(3.) In the morning on 28-2-1974, just a day following the judgment, he went to that field and noticed that the accused were harvesting the crops. Ayodhya protested, on which the accused chased him and accused Banwari and accused Nathuni alias Fauzdari assaulted him with Bhala and Garasa. He raised alarm. On his cry and finding that he was being beaten up, his men, namely, Firangi, Ramautar, Jittan, Nittan, Ramnandan, Ram Kumar, Kamldeo and some women ran to his rescue. The accused persons all of a sudden fell upon the villagers and four of them namely, accused Monarik, Dwarik, Jogan and Mohan assaulted Firangi with Bhala, Garasa and Lathi. Accused Lakhan and Chamarik assaulted Jittan by Garasa and accused Raghunandan and Yadunandan also assaulted Jittan by Lathis. Accused Banwari assaulted Ramnandan by Bhala and Lakhan assaulted Ramnandan with a'Lathi. Accused Lakhan and Yadunandan further assaulted Mittan also with Garasa and Lathi. Accused Rajeshwar and Ghanshyam assaulted Sheokali Devi wife of Raj Kumar by a Bhala and accused Lakhmi assaul.ed her with a Lathi. Then again accused Yadunandan and Raghunandan assaulted Shyam Dai Devi wife of Mittan and also to Nagina wife of Khelawan by Lathi. Sheokali wife of Firangi was also assaulted by accused Naresh son of Parmeshwar by a Bhala and it was only thereafter that all the accused ran away carrying the Masur crop from the field.