RAMDAYAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above appellants have named preferred this appeal against the judgment and order of conviction and sentence dated 3.7.97 and 8.7.97 respectively passed by the learned 1st Additional Sessions Judge, Chatra in S.T.No. 38/88, whereby and whereunder, all the appellants have been convicted under Section 302/149, 448 and 380 IPC and sentencing each of them to undergo imprisonment for life under Section 302/149 IPC. However, no separate sentence was passed for the offence punishable under sections 448 and 380 IPC.

(2.) THE prosecution case has arisen on the fardbeyan (Ext. 2) of Lilo Mahto, PW -9, son of the deceased, Sahdeo Mahto, recorded by K.K. Mishra, PW -10, of Etkhori P.S at village Petadauri on 28.6.87 at 12 noon regarding an occurrence which took place on 27.6.87 at 8 p.m. till 6.30 a.m. of 28.6.87. The FIR was. registered at 17.45 Hrs. on 28.6.87 and a formal FIR (Ext.3) was drawn against 20 persons. After investigation charge sheet was submitted against them under Sections 147, 148. 149, 302, 448 and 379, IPC. Charges were framed against all the twenty accused persons under Sections 149/302,448 and 380, IPC. In course of trial Dilo Yadav died, hence prosecution against him was dropped.

(3.) THE prosecution to substantiate the charge levelled against these appellants, has examined - three sons, three daughter -in -laws and brother of the deceased, who claimed themselves to be the eye -witnesses. They are PW -1, Brahmdeo Mahto (son of the deceased), PW -2, Gunjri Devi, PW -3, Sudama Devi and PW -4, Bindua Devi, all daughter -in -laws of the deceased. PW -5, Chaturi Mahto is the brother of the deceased. PW -6, Lakhan Mahto and PW -9, Lilo Mahto, (informant) both are -the sons of the deceased. PW -7, Shankar Prasad and PW -8, Nunu Mahto are the witnesses of the inquest -report. PW -10, Kalikant Mishra, is the IO. PW -11 is Dr. N.K. Addi, who conducted autopsy on the dead body of the deceased, Sahdeo Mahto and PW -12, Shambhu Prasad, is a formal witness who proved S.D. Entry No. 355 dated 28.6.87 entered at Itkhori P.S. in the pen and signature of the then Officer -in - charge, K.K. Mishra, Ext.6. The learned 1st Additional Sessions Judge, Chatra relied upon the evidence of PWs -1,2,3,4,5,6, and 9 as eye - witnesses, supported by the medical evidence of PW -11, Dr. K.K. Addi, and objective findings of the IO, PW -10, Kali Kant Mishra who prepared inquest -report of the dead body of Sahdeo Mahto on which PW -7, Shankar Prasad and PW -8, Nunu Mahto signed. Relying on their evidence the learned 1st Additional Sessions Judge, Chatra convicted all the appellants under Section 302/149,448 and 380 IPC and sentencing each of them to undergo imprisonment for life for the offence punishable under Section 302/149 IPC. However, no separate sentence against them under Sections 448 and 380 IPC was passed.