MUNI YADAV @ MUNI LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) As many as twelve accused persons figure in this appeal. They are all residents of village Ariyav, P.S. Krishna Brahma (Dumraon) in the district of Buxar. The appellants were charged, tried and convicted for offences under Sections 364, 302/34 and 201 of the Indian Penal Code. They have been sentenced to ten years imprisonment under Section 364 Indian Penal Code, Life term under Section 302/34 Indian Penal Code and seven years imprisonment under Section 201 of Indian Penal Code. Appellants Chhabila Yadav, Baban Yadav and Bankey Yadav have further been convicted for an offence under Section 27 Arms Act and sentenced to seven years imprisonment. The verdict of sentence was pronounced by 2nd Additional Sessions Judge, Arrah on 23-9-1992 in Sessions Trial No. 206/86,

(2.) Prosecution story as alleged in the First Information Report is that on 20-12-1985 at about 6 to 6.30 in the evening Ramshakal Yadav, who at the relevant time was Chowkidar of Murar Police Station, had gone to fetch a Karah from village Kalhar. He had gone in the company of some villagers. The villagers were carrying a big Karah followed by Ramshakal Yadav, who was having Khurpi in his hand. When they covered some distance from village Kalhar towards their village, the appellants emerged from a Sugarcane field and caught Ramshakal Yadav. Appellants Kalanqi Yadav and others started assaulting Ramshakal Yadav. The villagers, who were carrying Karah, placed the Karah on the earth and protested and at the same time raised alarm. Appellants Baban Yadav and Bankey Yadav took up their guns. In the meantime, on hearing hulla, Dwarika Nath Yadav son of Chowkidar Ramshakal reached there and found the appellants dragging his father towards west. Soon thereafter, some villagers arrived. Appellants Baban Yadav, Bankey Yadav and Chhabila Yadav started indiscriminate firing to scare away the villagers, who wanted to rescue the Chowkidar. Chowkidar Ramshakal was carried towards north for the purpose of being killed. The motive for this daring act was previous land dispute for which case were going on in the Court.

(3.) Thakur Kamal Prasad (P.W. 8), who at the relevant time, was posted as Officer-in-Charge of Murar Police Station, came to know that some occurrence had taken place at village Manpa in which Chowkidar of the village has been abducted by anti-social elements. He made Station Diary Entry and proceeded towards the village with armed force. He reached the village at 00.30 hours and recorded the fardbeyan of Dwarika Nath Yadav, son of Chowkidar Ramshakal Yadav, on the basis of which First Information Report was lodged. It is to be noticed that the informant Dwarika Nath Yadav did not go to the police station on the day of occurrence, i.e. on 20-11-1985, which is 6 kms. away from the place of occurrence. The police on rumour reached the P.O. village in the night and recorded the fardbeyan of the informant,