Paro Mahto also beat Ganauri Yadav with lathi.
11 of 1997, on 28.04.1997, at 900 a.m., all of a sudden, Brahamdeo Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Sunil Yadav s o Bale Yadav, Bale Yadav, Shiv Nandan Yadav, Sunil Yadav s o Musafir Yadav and Suraj Yadav armed with Saif, Bhala, lathis and gun came in a mob where Suresh Yadav informants elder brother, since deceased, was getting his diesel machine repaired through a mechanic Mohan Yadav.
He said that blood did number fall on diesel engine, however, it fell at the spot.
Bale Yadav A 8 gave a Gandassa blow on the neck of Ganauri Yadav and while stopping the blow with his right hand, he sustained injury on his palm.
Rambalak Yadav Gun Maho Yadav Gun 3.
According to him, on Monday, i.e. on 28.04.1997, he along with Suresh, Ganauri Yadav and Bindeshwar Yadav were busy in getting the diesel machine repaired.
While they were taking Suresh to Govindpur Hospital, just after some distance, he died on the way.
532 of 2005 and Darogi Mahto A2 , Bale Yadav A8 and Suraj Yadav A11 filed Criminal Appeal No.
He is the informant and Suresh Yadav the deceased was his brother.
The next witness heavily relied on by the prosecution is Munshi Yadav PW 7 .
The investigations in both the FIRs were taken by S.I. Mohd.
The analysis of witnesses examined on the side of the prosecution clearly show that they were number able to identify the actual place of occurrence, namely, whether the incident happened near the diesel engine or in the field of Aziz Mian.
It was alleged that accused Brahamdeo Yadav Bhonu Yadav shot a fire at Suresh Yadav in the abdomen and when he went to help him, Sunil Yadav gave a saif blow causing injury on his lips.
Another witness examined on the side of the prosecution is Dr. Basudeo Yadav PW 5 .
After companypletion of the trial, learned Sessions Judge companyvicted all the accused for the offences punishable under Sections 302, 324 read with 149 IPC and sentenced them to undergo rigorous imprisonment for life and further imprisonment of two years.
Kuldeep Yadav gave gandassa blow to Munshi Yadav.
333/97/40/97 companyvicting the appellants herein for the offence punishable under Section 302 of the Indian Penal Code in short the IPC read with Section 27 of the Arms Act, 1959, Section 302 read with Section 149 of the IPC and Section 324 read with Section 149 of the IPC and maintained the sentences imposed upon them.
He also answered that when Suresh was running ahead of all of them, he was hit by a bullet on his abdomen.
11/97 was registered with Govindpur Police Station under Sections 147, 148, 149, 323, 324, 307 and 302 IPC against Brahamdeo Yadav, Sunil Yadav s o Bale Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Bale Yadav, Shiv Nandan Yadav and Suraj Yadav.
2 caused by hard and blunt object such as lathi.
Discrepancies in the prosecution witnesses Among various witnesses examined by the prosecution, it heavily relied on the evidence of Naresh Yadav PW 9 , Ganauri Yadav PW 3 , Bindeshwar Yadav PW 4 , Kesho Yadav PW 6 , Munshi Yadav PW 7 , Minta Yadav PW 8 and Dr. R.K. Bibhuti PW 2 .
1 caused by firearm such as gun.
Bindeshwar Yadav Sudhir Yadav Bhala Manager Yadav Balle Yadav Gandassa Gandassa Sunil Yadav s o Musafir Yadav Saif 6.
Injury No.
Suresh Yadav died on the way to hospital.
Brahamdeo Yadav With inverted and charred margin, Bhonu Yadav A1 in right to umbilicus of uncertain depth i.e. FIR 11/97 wound of entry 2.
It was also alleged that on hearing alarm Munshi Yadav, Ganuari Yadav and Bindeshwar Yadav had companye and they were also subjected to assault by the accused persons.
36/97 against the informant prosecution party.
He also referred to the use of bomb which was kept in a bag, though, he did number say the same before the companyrt.
In cross examination, he also admitted that there is another companynter case against the very same incident and he informed the companyrt that on that day he did number see any injury on the person of Brahmdeo A 1 , Sunil Yadav A 9 and Musafir Yadav.
Kuldeep Yadav also gave him a Gandassa blow on the right hand.
They all had a different version about the nature of injuries and they are number companysistent whether the deceased died at the spot or on the way to hospital or in the hospital.
12/97 was registered with Govindpur Police Station under Sections 147, 148, 149, 323, 324, 307 and 447 IPC against i Upendra Yadav ii Rambalak Yadav iii Basudev Yadav iv Anil Yadav Ganuari Yadav vi Damodar Yadav vii Suresh Yadav viii Umesh Yadav ix Muni Yadav x Naresh Yadav and xi Manager Yadav.
Like Bindeshwar Yadav PW 4 , he also named 17 persons as accused who came at the place of occurrence and A1 fired from gun hitting the abdomen of Suresh Yadav and other accused persons started beating.
534 of 2005 before this Court.
Musafir Yadav in number over back right lower chest and abdomen Injured Persons PW 3 Ganauri Yadav A6 in FIR 12/97 PW 4 Bindeshwar Yadav Manager Yadav A5 in FIR 12/97 PW 7 Munshi Yadav A10 in FIR 12/97 PW 9 Naresh Yadav A11 in FIR 12/97 In view of the above factual details companypled with the statements made by prosecution witnesses and in the light of the principles enunciated by this Court, the Investigating Officer ought to have brought to the numberice of the trial Judge about the two FIRs arising out of the same incident to avoid gross injustice to the parties companycerned.
The next witness relied on by the prosecution is Ganauri Yadav PW 3 .
He further deposed that except Suresh Yadav, numberother fell down due to beating, all companytinued running and some of them reached their homes and some remained there.
Heard Mr. Rajan K. Chourasia learned companynsel for the appellants in Criminal Appeal Nos.
The charge sheet bearing number 12/97 was submitted in FIR No.
11 of 1997 registered at Police Station Govindpur, at the instance of one Naresh Yadav PW 9 leading to Session Trial No.
532/2005 and Mr. Manish Kumar, learned companynsel for the respondent State.
On dissection abdominal cavity filled with blood and blood clot, multiple perforations four in number of small intestine locum and transverse companyon, linear ruptured, a metallic foreign body like bullet of 1 length and 1/6 in diameter was lodged at L/1 spine after piercing the abdominal aorta.
11/97 and charge sheet bearing No.
Dr. Bipul Kumar, who companyducted the autopsy on the body of the deceased was examined as PW 1 and found the following ante mortem injuries An oval lacerated wound of 1/2 diameter with inverted and charred margin, half inch right to illeg.
He attested the seizure memo which was prepared by SI before him.
Suresh Yadav Stick Umesh Yadav Stick Muni Yadav Gandassa Naresh Yadav Gandassa Injury to deceased Suresh Injured Person An oral lacerated wound of diameter 1.
Dr. R.K. Bibhuti, who treated injured Naresh Yadav PW 9 and other injured witnesses was examined as PW 2 .
12/97 against the accused persons and thereafter the case was companymitted to the Court of Sessions Judge and registered as Sessions Trial No.
Accused Brahmdeo Yadav A1 fired from gun and the bullet hit the abdomen of Suresh Yadav and he fell down.
According to him, accused persons were armed and Brahmdeo Yadav A1 fired a shot from gun which hit Suresh Yadav on his abdomen and he fell on the ground and when Ganauri Yadav PW 3 went for his rescue, five accused persons, namely, Bale Yadav A8 , Kuldeep Yadav A6 , Sunil Yadav A4 , Suraj Yadav A11 and Shiv Nandan Yadav A10 , all armed with deadly weapons, started beating him.
The abovesaid persons surrounded them whereupon they started running when Brahmdeo Yadav fired shot from rifle hitting the abdomen of Suresh Yadav.
11/97 P.S. Govindpur, on 30.06.1997 against Brahamdeo Yadav, Sunil Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Bale Yadav, Shivan Yadav and Suraj Yadav and Sunil Yadav who was later instituted.
11/97 was registered with Govindpur P.S. under Sections 147, 148, 149, 323, 324, 307 and 302 IPC against Brahmdeo Yadav, Sunil Yadav, Darogi Mahto, Maho Yadav, Paro Mahto, Kuldeep Yadav, Sudhir Yadav, Bale Yadav, Shiva Nandan Yadav and Suraj Yadav.
The investigation in both FIRs was taken by SI Md. Shivli, Officer in charge, Govindpur Police Station.
11/97 and 12/97 On the basis of the farde bayan of the informant Naresh Yadav, F.I.R. No.
It was highlighted that the prosecution witnesses are number certain about the place of death of the deceased Suresh Yadav.
He explained that the said blow of spear was given by poking it into his body and number like hitting with a lathi.
Basudev Yadav Sunil Yadav s o Bale Yadav Gun Gandassa Paro Mahto Lathi 4.
Sunil Yadav S o Musafir Yadav was having saif in his hand.
Naresh Yadav went to lift Suresh from the ground when Sunil Yadav hit him with saif causing injury to his lips.
On the other hand, it is their definite case that the accused persons were chasing and Suresh and others were running to escape from them.
Sunil Yadav s o Musafir Yadav was instituted.
It is number the case of any one that Suresh was running towards the accused.
He admitted that he had diesel engine in the field towards numberth of village.
Shiv Nandan and Suraj Yadav too gave Gandassa blows to Ganauri Yadav.
12/97 was submitted in FIR No.
FIR Nos.
When Ganauri Yadav went to pick him up, Kuldeep Yadav hit on his neck using gandassa.
Injury No.
There was a cross FIR No.
His sons, namely, Suresh Yadav and Naresh Yadav were repairing the said engine for irrigation purposes.
of uncertain depth, i.e. wound of entry.
In his evidence, he mentioned 17 persons as accused who were present at the place of occurrence and, according to him, on seeing them, he got afraid of his life but did number run away and remained standing.
He admitted that he was number in full sense when he made the statement to S.I. under Section 164 of the Code.
The analysis of the evidence of R.K. Bibhuti PW 2 and the evidence of injured persons about the nature of injury companytradict each other.
36/97 was submitted in FIR No.
333/97/40/97.
531 534 of 2005, Mr. P.N Gupta, learned amicus curiae for the appellant in Criminal Appeal No.
In such circumstances, there is numberplausible explanation how the bullet hit Suresh Yadav the deceased, on his abdomen.
By the impugned judgment and order, after accepting the prosecution case, the Division Bench of the High Court upheld the judgment of the Sessions Judge and dismissed all the appeals.
He also mentioned that Suresh Yadav died on the way to hospital.
Shibli, Officer in charge of Govindpur Police Station.
It is relevant to numbere the companyduct of PW 7 .
On the basis of the farde bayan of Naresh Yadav the informant, FIR No.
A specific suggestion was put to him that Suresh Yadav died from the bullet fired by Upendra Yadav.
Brahmdeo Yadav, Sunil Yadav, Darogi Mahto and Maho Yadav were armed with rifle.
Bale Yadav, Kuldeep Yadav, Shiv Nandan Yadav and Suraj Yadav were armed with Gandassa.
Sudhir Yadav was having spear with him and Paro Mahto was having lathi in his hand.
He further deposed that when he went to help Suresh to get up, Sunil Yadav A 4 using his saif hit him on his upper lip.
12/97 P.S. Govindpur, on 17.12.1997 against Upendra Yadav, Rambalak Yadav, Basudev Yadav, Anil Yadav, Manager Yadav, Ganuari Yadav, Damodar Yadav, Umesh Yadav, Muni Yadav and Naresh Yadav except Suresh Yadav s o Kesho Yadav as he had died.
He also admitted that Naresh Yadav affixed his thumb impression before him and he was present there.
The prosecution examined ten witnesses in support of its claim, namely, Dr. Bipul Kumar, PW 1, Dr. R.K. Bibhuti, PW 2, Ganuari Yadav, PW 3, Bindeshwar Prasad Manager Yadav, PW 4, Basudeo Yadav, PW 5, Kesho Yadav, PW 6, Munshi Yadav, PW 7, Minta Devi, PW 8, Naresh Yadav, PW 9 and Md. Shibli, Officer in Charge, Nawadh PS.
Cause of death hemorrhage and shock produced by above numbered injuries.
He further explained that immediately on companying there, the accused persons surrounded them and when they started running, they were caught in the field of Aziz Mian.
Brahmdeo Yadav, Darogi Mahto, Sunil S o Bale Yadav, Maho Yadav, Kuldeep Yadav, Bale Yadav, Suraj Yadav, Shiv Nandan Yadav, Sunil Yadav S o Musafir Yadav, Sudhir Yadav and Paro Mahto, total 11 persons forming a group came there and surrounded them.
According to him, the incident started when diesel engine was about to start.
It is also clear from his evidence that injury on the accused was number seen by him.
He admitted in his evidence that after the incident, he went to take the company for grazing.
District Sessions Judge, Nawadah.
Minta Devi PW 8 wife of the deceased, also did number elaborate anything about the incident.
He admitted that he did number see any injury on the persons of accused.
Multiple bruises of size 3x2 to 1x1/2, in four in number over back, right lower chest and abdomen.
He also informed the Court that the blood oozed out from the wounds of all the injured and its stains were present up to Govindpur hospital.
He also told that the victim Suresh Yadav died on the way while being taken to the hospital.
First, let us discuss the evidence of Naresh Yadav PW 9 .
He also asserted that his son Suresh Yadav died at the spot itself.
He said when he fell down, he was number hit on neck with gandassa.
He further deposed that the attack with spear caused a hole in the vest also.
He also admitted that S.I. seized blood stained earth in his presence.
Anil Yadav Gandassa Kuldip Yadav Gandassa 5.
333/97/40/97 at the Court of Ist Addl.
He also stated that even though S.I. saw the clothes having blood spots but he did number seize them.
He received one blow of spear and two blows of gandassa.
Upendra Yadav Pistol Darogi Mahto Gun 2.
531 of 2005, Brahamdeo Yadav A1 filed Criminal Appeal No.
The companynizance was taken by the Court and charge was framed under Section 307 and 149 IPC.
His evidence also makes it clear that he did number deny the presence of mechanic Mohan at the place of occurrence.
It is unnatural that after having seen the incident, without associating with his fellow villagers about the crime, he companylly went for grazing his company which is unbelievable.
PW 10.
Sunil Yadav stated in his farde bayan that during altercation Suresh Yadav received fire arm injury which was shot by Upendra Yadav and died.
He did number say anything about the occurrence.
At that time, all the accused Brahmdeo Yadav A1 , Darogi Mahto A2 , Maho Yadav A3 , Sunil Yadav A4 armed with guns in their hands, accused Kuldip Yadav, Shiv Nandan Yadav, Baleshwar, Suraj with gandassas, Sunil Yadav with saif, Sudhir yadav with spear and Paro Mahto with lathi came there.
He examined Naresh Yadav, Munshi Yadav, Ganauri Yadav, Bindeshwar Yadav and after treatment issued a certificate about the same.
Brief facts The present group of appeals arises out of FIR No.
He further informed the companyrt that the bullet made a hole in the vest of his son and the cloth got cut edges and that was handed over to the police.
As stated earlier, he asserted that Suresh Yadav died at the place of occurrence itself, which is number in tune with the statement of other prosecution witnesses.
Aggrieved by the order passed by the trial Judge, the accused preferred different sets of appeals, namely, Criminal Appeal Nos.
Sunil Yadav was instituted.
Even, in respect of use of weapons by the accused, he was number companysistent with his earlier statement made under Section 164 of the Code.
Another witness relied on by the prosecution is Kesho Yadav PW 6 father of the deceased.
He asserted that Suresh Yadav died on the spot.
On 29.04.1997, about 530 a.m., at Nawada Sadar Hospital, SI Anil Kumar Gupta recorded the statement of Sunil Yadav s o Musafir Yadav and on the basis of his statement FIR No 12/97 was registered with Govindpur P.S under Sections 147, 148, 149, 323, 324, 307, 447 IPC against Upendra Yadav, Rambalak Yadav, Basudev Yadav, Anil Yadav, Manager Yadav, Ganuari Yadav, Damodar Yadav, Suresh Yadav, Umesh Yadav, Muni Yadav and Naresh Yadav.
He said, when bullet hit Suresh, they started running.
The charge sheet bearing number 36/97 was also submitted in FIR No.
Aggrieved by the decision of the High Court, Paro Mahto A5 , Kuldip Yadav A6 , Sudhir Yadav A7 filed Criminal Appeal No.
After investigation, charge sheet No.
Rest viscera were intact and pale, stomach companytains fluids about 100 ml.
Another witness relied on by the prosecution is Bindeshwar Prasad Manager Yadav PW 4 .
At least three eye witnesses stated, either in their statement under Section 164 of the Code of Criminal Procedure, 1973 in short the Code or during their examination under Section 313 that the deceased died at the spot which is companytrary to the statement of Naresh Yadav PW 9 eye witness who stated that he died on the way to hospital and which is companysistent with the statement of Sunil Yadav informant in FIR No 12/97.
Damodar Yadav Stick Suraj Yadav Bhala 8.
On 29.04.1997, S.I. Anil Kumar Gupta recorded the statement of Sunil Yadav s o Musafir Yadav at Nawadah Sadar Hospital and on the basis of his statement FIR No.
293, 307, 311 and 371 of 2000 before the High Court of Patna.
Sunil Yadav A9 in FIR Multiple bruises of size 3 x 2 to 1 x 11/97 four 3.
He has number only added more names as accused persons but also asserted that the bomb was exploded after firing of shots.
He also asserted that at the relevant time, he was repairing diesel engine and Mohan Mechanic was present at that time.
When they reached Govindpur Hospital, S.I. recorded his statement.
