Penetonium cavity was found filled with blood clots.
Body of sternkon was sharply cut and both lungs were found I lacerated.
Thereafter, the accused Mukhiya Yadav who was armed with pausli bent over Mukhiya as if he was cutting the neck of Mukhiya.
No separate sentences were awarded for the offences under Sections 147 and 148 IPC.
Karu Yadav and A 8 Deo Prasad Yadav.
He further stated that the police had recorded the statement of Lallan Bharti at 11.30 p.m. He further stated that he had voted for Mukhiya in the election, as he was a good candidate.
Being frightened, the informant fled away from the spot and came to the darwaja of the deceased and narrated about the occurrence, when among others Jaiprakash Narayan Lal Singh PW9 also reached there.
Gaya Yadav had invited him for supper which the victim accepted saying that he would try to companye after 6.00 p.m. This witness further stated that the Investigating Officer had met him at about 11.30 p.m. near the dead body.
Karu Yadav s o Shiv Pd.
First the accused Gaya Yadav requested the deceased to have supper in Kurkut Bigha on the occasion of Holika Dahan followed by the accused Karu Yadav which was reluctantly accepted by the deceased.
Soon those persons came closer to them and the accused Gaya Yadav and Karu Yadav gave a push to the deceased Mukhiya and thereafter all other accused persons surrounded him.
It was bright full moonlit night.
At this time, the accused Karu Yadav, who is also of the village Kurkut Bigha arrived there and both the accused namely Gaya Yadav and Karu Yadav, insisted upon Mukhiya for the supper and assured him that he would be allowed to return soon and there would be numberdelay.
The accused Gaya Yadav who belongs to the neighboring village Kurkut Bigha came there and requested the deceased for supper for the night in his village on the occasion of Holika Dahan.
It is stated that it was a moonlit night.
Dr.Mithlesh Kumar Sinha companyducted the post mortem and found the following injuries Incised wound over front side of neck and middle.
Criminal Appeal No.
The deceased Mukhiya, PW 3 Lallan Bharti and accused Gaya Yadav and Karu Yadav started for village Kurkut Bigha.
He further stated that he wanted to go to the police station but people told him that the officer incharge had gone to Agar village for Holi duty.
Out of them he companyld recognize Bhagat Yadav, Mukhiya Yadav, Madeshwar Yadav, Rahish Yadav, Deo Prasad Yadav and Khalitra Yadav.
He further stated that he had number made any attempt to give information, as his priority was to search the body.
PW 4 Ram Ashray Sharma and PW 5 Girish Narain Singh had seen the deceased in the companypany of the accused Gaya Yadav and Karu Yadav along with the informant when those two accused were inviting the deceased for supper.
Incised penetrating wound over front chest on upper part below suprasternal numberch into chest cavity deep.
The informant went back 4 or 6 steps from where he saw that Rahish Yadav and Khalitra Yadav were catching hold the two arms of the deceased and the accused Gaya Yadav and Bhagwat Yadav each fired a shot from the pistol at the deceased who fell down.
Being aggrieved, two appeals were preferred before the High Court.
The testimony of PW 3 has been assailed by companynsel for the appellants on the ground that his ocular testimony is in companytradiction with the medical evidence.
Shorn of necessary details, the prosecution story, briefly stated is that ferd beyan Ext.2 was lodged by Lallan Bharti PW3 that on 15.3.1987 at about 7.30 p.m. the deceased Jagannath Singh, who was the Mukhiya of Mau Gram panchayat, was meeting people in Mau Bazar, where the informant was also present and talking to him.
PW 6 deposed that he met the deceased in the Mau bazar while PW 3, accused Gaya Yadav and Karu Yadav were with the deceased and on his inquiry as to where they were proceeding, the deceased Mukhiya told him that he was going to the place of Gaya Yadav being invited for supper.
PW 4 Ram Ashray Sharma stated that on 15.3.1987 at about 1.30 p.m. he had gone to Mau Bazar and before him accused Gaya Yadav, Mukhiya Yadav and Bhagwat Yadav had met Mukhiyajee.
Thereafter, the accused Mukhiya Yadav began to cut the neck of Mukhiya by pausli.
He further stated that the firing was done from a distance of about 1 yards.
When they came out of Mau village the witness saw 9 10 persons companying towards them at about 7.45 pm.
In the evening of 15.3.1987 when the deceased Mukhiya was meeting people in Mau bazar on the eve of Holika Dahan the witness was also with him.
Before this Court, Criminal Appeal No.
Margins of wound were well defined.
216 of 1989 was preferred by three accused.
Chest cavity was found with blood and blood clot.
Thereupon, Mukhiya fell down.
He also stated that he told the police that PW 3 Lallan Bharti had given out the names of the murderers.
This witness, further, stated that Mukhiyajee was a nice man of the area and the witness supported him in every election.
and when they were near the Kahua tree accused Gaya Yadav and Karu Yadav pushed the deceased down and then all the accused surrounded the deceased.
The deceased was reluctant to accept the invitation on the ground that he has to meet several people and it would become late.
The deceased along with the informant accompanied by two accused then started for village Kurkut Bigha to take supper.
Having seen the accused surrounding the deceased the informant retreated about 10 15 steps backward and thought that the accused persons would leave the deceased Mukhiya but instead accused Khalitra Yadav and Rahish Yadav caught hold of Mukhiya and accused Gaya Yadav and Bhagat Yadav fired at him from companyntry made pistol.
Yadav, A 8 Deo Pasad Yadav s o Chandrika Yadav since dead were companyvicted for the offence under Sections 302/34, 120 B, 147 and 148 of the Indian Penal Code and were sentenced to rigorous imprisonment for life under the first two companynts.
During the pendency of the appeal before this Court, A 8 Deo Prasad Yadav, expired and his appeal stands abated.
Accused Gaya Yadav fired from the west and Bhagwat fired from south west and the deceased was facing towards the west.
By a companymon judgment the High Court has dismissed their appeals and companyfirmed the companyviction as recorded by the Trial Court.
PW 5 Girish Narayan Singh stated that on 15.3.1987 at about 5.00 p.m. he had gone to Kuldip Mochi and while returning from there at about 7.00 p.m. he had met the deceased at the crossing of the land near the house of Krishan Sao.
Criminal Appeal No.
483 of 1996 is preferred by A 1 Gaya Yadav, A 5 Bhagwat Yadav and A 6 Mukhiya Yadav.
213 of 1989 was preferred by five accused and Criminal Appeal No.
484 of 1996 is preferred by A 2 Madheshwar Yadav, A 3 Khalitra Yadav, A 4 Rahish Yadav, A 7 Ramashish Kr.
As they came out of Mau village, PW 3 saw 9 10 persons companying from the opposite direction.
The deceased succumbed to the request of the accused and decided to go and PW 3 the informant also accompanied him.
The statement of PW 3 with regard to the invitation extended by the accused to the deceased Mukhiya on 15.3.1987 is well companyroborated by the statements of PW 4 and PW 5.
PWs 6, 9 and 11 also deposed about meeting the deceased in the bazar.
Mr.Anoop G. Choudhary, learned senior companynsel, strenuously urged that PW 3 deposed that Gaya Yadav and Bhagwat Yadav fired at him by a companyntry made pistol upon which the victim fell down, whereas PW 10 Dr.Mithlesh Kumar Sinha found only one gun shot injury.
J U D G M E N T SEMA, J. A 1 Gaya Yadav s o Raj Dev Yadav, A 2 Madheshwar Yadav s o Rohan Yadav, A 3 Khalitra Yadav, A 4 Rahish Yadav s o Ram Laxman Yadav, A 5 Bhagwat Yadav s o Ram Kishan Yadav, A 6 Mukhiya Yadav s o Shiv Nandan Yadav, A 7 Ramashish kr.
Head was found attached with neck with skin of neck only.
All structures were found sharply cut including by injuries, ocosophagus, blood vessels, nerve muscles and thin fourth cervical vertebra.
The deceased was with the informant, accused Gaya Yadav and Karu Yadav.
Incised penetrating wound on right part of abdomen 2 right from umbilicus size 1 x abdominal cavity deep peritoneum and companyl of intestine were sharply cut at places.
