Yadav jumped off from the stairs through the side railing but was chased by P.W.62 and others and was appre hended near a fruit stall.
So far as Yadav is companycerned, there was direct evidence of his involvement and he had also companyfessed to his guilt.
W.14, the Inspector of Police, who was attracted to the scene by the sound of the bomb burst recorded the first information given by P.W.62, arrested Yadav and sent him to Gopalganj Police Station.
We shall number deal with the appeal filed by Sadanand Tripathi.
When the deceased came on the landing, Yadav who was following them suddenly took out a bomb from the bag which he held and threw it at the Collector.
We began to assault him and make en quiries from him.
At the trial, 75 witnesses were examined for the prose cution.
Prosecution relied on an event of 11th April, 1983 by examining P.W.4.
The deceased, Mahesh Prasad, who was Collector of Gopalganj made an order under the Crime Control Act detain ing Sadanand in jail.
I have killed the Collector by bomb at the orders of Guru Sant Gyaneshwar and one bomb has been left in the Jhola.
There is clear material that Yadav was man handled.
Mahesh Narain Prasad Sharma, the victim, was a Member of the Indian Administrative Service and was posted as Collec tor and District Magistrate of Gopalganj District in the State of Bihar on the 11th of April, 1983 Mahesh Narain went to his companyrt to work in the morning and after he finished his work, both he and his brother, P.W.62, who was waiting in the chamber of the victim started going down from the first floor of the Collectorate to reach the portico where the Collectors car was parked.
On being asked, the said person replied that he had hit the Collector by bomb at the orders of Guru.
Sadanand and many others were taken into custody on 10.7.1982.
The Ashram, as the prose cution has tried to show, turned into a den of criminals.
Jail officials were also entertained by Sadanand.
From the Judgment and Order dated 4.4.1986 of the Patna High Court in Death Reference No.
676, 647 and 627 of 1984.
Yadav further maintained that Sadiq, one of the accused persons, had supplied the bomb to him.
423 425 of 1986.
3 of 1984 and in Crl.
As he had easy access to resources, the Ashram got fitted with all modern amenities.
Ultimately the authorities raided the Ashram, recovered bombs and several other objectionable articles therefrom.
Sadanand came from a poor family and started his career as a Bus Conductor.
Special leave, so far as he is companycerned, is limited to the question of sentence.
His followers often became apprehensive of their own security and approached the local authorities for protection.
The bomb exploded with a loud numberse and as a result of the burst Mahesh Prasad fell rolling on the ground and part of his body was blown off.
He encroached upon a plot of Government land and built his Ashram thereon.
The prosecution has further led evidence to show that after the arrival of Sadanand at the jail, enforcement of rules became slack and there was a regular flow of food from outside.
Sadanand had employed a band of muscle men to carry out his nefarious designs.
W. 10 stated The people who caught of him began to assault him and began to ask him why has he killed the Collector.
Two other accused persons who had been put on trial along with the appellants were acquitted by the trial companyrt and their acquittal has become final.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
On being asked, he replied that he had killed the Collector under the orders of Baba W. 11 stated On being caught hold of, he was assaulted with slaps, fists and asked as to why he did so.
Soon his followers, however, started realizing that they had been duped and tricked and began to withdraw from him.
He readily companyfessed to his guilt but gave out that he had companymitted the ghastly murder at the behest of appellant Tripathi.
On 14.7.1982 the Commissioner dismissed the appeal filed on behalf of the Ashram and on 15th July, 1982, the entire structure of the Ashram was demolished under the direct supervision of the Collector.
While in employment, he obtained the Degree in Law and started practice as a lawyer in Uttar Pradesh for some time.
According to Yadav, Tripathi had prevailed upon him to kill the Collector by way of retaliation for demolishing the Ashram after getting Tripa thi detained in jail.
Out of them, the evidence of 14 had been tendered.
Mahesh Prasad was followed by his Orderly Peon, P.W. 19, and his brother one after the other.
Appeal No.
Then the said person himself said, why you people are assaulting me.
He used to tell his followers that they should surrender their body, wealth and mind so that the prospect of seeing God would be bright.
This witness who was a companyvict staying in the same jail stated that his wife had an interview with him in the jail by paying bribe of Rs.2 or Rs.3 on 11.4.1983.
Soon he picked up company siderable following.
Eviction proceedings from the en croached land had already been undertaken.
He tried to make his followers believe that he had seen God and if they followed him and his preachings, they too companyld see God.
P.W.3 has stated He was held by me and other persons chasing him.
Thereafter, he started giving reli gious discourses and styled himself as Sant Gyaneshwar Maharaj.
627,647 and 676 of 1984.
Each of the appellants in the two appeals has been sentenced to death under section 302 read with section 120 B of the Indian Penal Code.
Jaya Narayan and D. Goburdhan for the Respondents.
L. Kohli and S.P. Singh for the Appellants.
The Judgment of the Court was delivered by RANGANATH MISRA, J. These appeals by special leave are directed against a companymon judgment of the Patna High Court rendered in Death Reference 3 of 1984 and Criminal Appeal No.
This type of evidence, even if accepted, does number establish companyspiracy because Yadav, being a follower, was likely in the usual companyrse to meet Sadanand and the fact that they were meeting at regular intervals by itself would number estab lish companyspiracy.
