9911796707
TMI Blog1999 (9) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge, one expired after the judgment of the learned Sessions Judge. The High Court considered the case of all the accused persons who stood convicted by the learned Sessions Judge and acquitted 5 of them but maintained the conviction of rest 7 under Sections 302, 302/149, 302/34 and other offences and as such these appeals are by the 7 appellants. According to the prosecution case these accused persons were ploughing the land claiming the land to be theirs on the date of occurrence and some of the accused persons had a gun while some others had weapons like gandasa and lathis. When the informant and some others belonging to his party went and protested as to why they are ploughing the land belonging to the informant the accused persons ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, 3 and 4 and came to the conclusion that their evidence can be relied upon which finds corroboration from the evidence of the doctor. The High Court further came to the conclusion that there is satisfactory and convincing evidence on record to establish that Mundrika Yadav had been shot at by Ram Das Yadav, after some exchange of words in the field and Mundrika died at the spot and that Ram Tapeshwar after being caught was given blows with gandasa by Samundar yadav and Sheo Layak Yadav and the informant too after being caught had been given blows with lathi and chhura by Ram Ishwar Yadav and Ramanand Yadav but since the witnesses had not ascribed any positive role to accused Rajeshwar Yadav, Chandeshwar Yadav, Devi Dayal Yadav, Rajendra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s who never assaulted either Mundrika or Tapeshwar who had caused the injury on PW. 1 could not have been convicted under Section 302/149. Mr. B.B. Singh, appearing for the State of Bihar, on the other hand, contended that the very fact that accused persons went there with arms in the hands and then after the informant party went and challenged, there was exchange of words and then they started assault as a result of which two people died, it must be held that all of them had the common object and could be held liable by taking recourse of Section 149. In the alternative he argued that at least those who caught hold of deceased who facilitated the other two accused persons to give the gandasa blow on Tapeshwar would be liable under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 IPC cannot be sustained. We accordingly set aside the conviction of the appellants under Section 302/149 IPC. But so far as the accused Ramdas Yadav is concerned, the witnesses being consistent that it is he, who fired the gun shot which hit Mundrika and Mundrika died and medical evidence corroborates the same, he is convicted under Section 302 IPC and sentenced to imprisonment for life. 3. Coming to the question of applicability of Section 34 for the murder of Tapeshwar, we find from the evidence of the three eye witnesses that while Ram Pravesh Yadav and Ramanand Yadav caught hold of Tapeshwar, accused Samundar Yadav and Sheo Layak Yadav came with gandasa and gave blows on the head of Tapeshwar, as a result of which Tapeshwar died, Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut accused Samundar Yadav and Sheo Layak Yadav did commit the offence under Section 302/34, having assaulted deceased Tapeshwar on his head by means of gandasa on account of which Tapeshwar died. The accused Ram Pravesh Yadav and Ramanand Yadav are, therefore, acquitted of the charges leveled against them and they be set at liberty forthwith. So far as the two other appellants are concerned, namely, Ramashis Yadav and Sukhdeo Yadav, they have merely caused injury to the informant by means of a knife and for causing such injury they can only be convicted under Section 324/34 IPC and are sentenced to imprisonment for two years. But they have already been in custody for more than seven years by now, they should also be set at liberty forthwith ..... X X X X Extracts X X X X X X X X Extracts X X X X
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