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PATNA HIGH COURT
N.K.Sinha and P.K.Sarin JJ.
Chothi Yadav
Versus
State Of Bihar
Criminal Appeal No. 30 of 1993 ; 58 of 1993 ;
Decided On : SEPTEMBER 21, 1998
CRIMINAL APPEAL - CONVICTION AND SENTENCE - MODIFICATION - SECTION 302/34, IPC - SECTION 304 (PART 2), IPC - SECTION 323, IPC - SECTION 452, IPC - SECTION 148, IPC - SECTION 380, IPC - SECTION 324, IPC - EVIDENCE ACT, 1872.
Fact of the Case:
The appellants were convicted and sentenced for the murder of the deceased, Antu Yadav, and other offenses. The prosecution's case was that the appellants, along with others, entered the deceased's house and assaulted him, his wife, and their son. The deceased died on the spot. The appellants' defense was that a dacoity had taken place in the deceased's house and that they had been falsely implicated.
Finding of the Court:
The court found that the prosecution had proved its case beyond a reasonable doubt. The court found that the appellants had entered the deceased's house with the intention of committing dacoity and that they had assaulted the deceased and his family members in furtherance of that intention. The court also found that the appellants had caused the deceased's death by their assault.
Issues: 1. Whether the prosecution had proved its case beyond a reasonable doubt. 2. Whether the appellants had entered the deceased's house with the intention of committing dacoity. 3. Whether the appellants had assaulted the deceased and his family members in furtherance of that intention. 4. Whether the appellants had caused the deceased's death by their assault.
Ratio Decidendi: 1. The court found that the prosecution had proved its case beyond a reasonable doubt based on the following evidence: (a) the testimony of two eyewitnesses who identified the appellants as the assailants; (b) the medical evidence which showed that the deceased had died from injuries caused by sharp and blunt objects; (c) the fact that the appellants had fled from the scene of the crime; and (d) the fact that the appellants had a motive to kill the deceased. 2. The court found that the appellants had entered the deceased's house with the intention of committing dacoity based on the following evidence: (a) the fact that the appellants had been seen lurking around the deceased's house prior to the incident; (b) the fact that the appellants had entered the deceased's house at night; (c) the fact that the appellants had armed themselves with weapons; and (d) the fact that the appellants had taken a box containing valuables from the deceased's house. 3. The court found that the appellants had assaulted the deceased and his family members in furtherance of that intention based on the following evidence: (a) the testimony of the eyewitnesses who saw the appellants assaulting the deceased and his family members; (b) the medical evidence which showed that the deceased and his family members had sustained injuries consistent with being assaulted; and (c) the fact that the appellants had fled from the scene of the crime. 4. The court found that the appellants had caused the deceased's death by their assault based on the following evidence: (a) the medical evidence which showed that the deceased had died from injuries caused by sharp and blunt objects; (b) the fact that the appellants had assaulted the deceased with weapons; and (c) the fact that the appellants had fled from the scene of the crime.
Final Decision: The court convicted the appellants of murder under Section 304 (Part 2), IPC, and sentenced them to seven years of imprisonment each. The court also convicted the appellants of rioting under Section 452, IPC, and sentenced them to the period of imprisonment already undergone. The court acquitted the appellants of the charges of dacoity, unlawful assembly, and theft.
N.K.Sinha, J.
1. Both the criminal appeals directed against one and the same judgment and order of conviction and sentence have been heard together and are being disposed of by this common judgment.
2. There is a small village known as Kurawa in Chandan Police Station of Banka district. Antu Yadav (deceased and the appellants are all residents of the said village. The three appellants along with Bhola Yadav (absconding) and two to three persons unknown armed with Sword, Tangi and Sabal entered the house of the deceased in the early morning of 24.7.1990 and assaulted the deceased, his wife Kamli Devi (informant) and their son Birju Yadav. The deceased died on the spot. The miscreants entered into the house and removed a box containing certain articles. The three appellants were put on trial. The learned Additional Sessions Judge by his judgment and order dated 13.1.1993 convicted all the three appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life. They were also convicted and sentenced to undergo R.I. for six months under Section 148 of the Indian Penal Code and R.I. for two years each under Sections 380 and 452, IPC. Appellant No. 3 Surya Narain Yadav was further convicted under Section 342, IPC and sentenced to undergo R.I. for six months. The sentences were, however, ordered to run concurrently. The appellants have preferred the appeals for setting aside their convictions and sentences.
3. The prosecution story as unfolded in the fardbeyan Ext. 2 of Kamli Devi PW 4 is that the deceased and the appellants are Gotiyas.
They lived in the same village which is a small settlement consisting of four houses of four families including those of the deceased and the appellants.
The parties are on litigating terms on account of land dispute since long. On the night intervening the 23rd and 24th July, 1990 Antu Yadav (deceased), his wife Kamli Devi PW 4 and their daughter-in-law Sobhawati Devi PW 3 were sleeping in their house. At about 3 a.m. there was a knock on the door and the informant heard her son Birju Yadav cry. There was a call to open the door saying that Bara Babu of Chandan had come. The informant opened the door whereafter Chothi Yadav appellant No. 1 his son Binod Yadav appellant No. 2, Surya Narayan Yadav appellant No. 3 and Bhola Yadav armed with Sword, Tangi and Sabal entered the house.
There were two to three other persons accompanying them. They started looking for the deceased and his son Mohan Yadav PW 5 who was not inside the house on that night. When the deceased came out of the room, A-1 ordered for assault whereupon A-3 assaulted him by means of Tangi and A-2 by means of sabal. When the deceased protested A-2 assaulted him by means of Sword. When the informant (PW 4) went to rescue her husband A-3 assaulted her by means of Bhala. Meanwhile, the deceased fell down and died. The appellants then entered the house and removed a box saying that they have already killed Antu Yadav (deceased) and they shall now kill Mohan also one day. The box belonged to PW 3 and contained a silver Hansuli weighing 20 Bhar, Rs. 50/- in each, two Sarees, two Sayas and some clothes of children besides some documents of land. The motive for the occurrence is said to be land dispute in connection with which a case was pending in Banka Court and on account of which the appellants used to hold ou t threats to kill both the father and son. A-3 is also said to have threatened to kill them a few days prior to the occurrence when PW 5 was plucking some Jack fruits.
4. K.P. Keshri PW 2 was posted as O.C. of Chandan Police Station. On receiving the news about the murder having been committed he left the Police Station at 5 a.m. for the P.O. village. At about 7 a.m. he recorded the fardbeyan Ext. 2 of PW 4 at her house in presence of PW 3 who gave her Thumb impression and PW 5 and Basudeo Yadav who put their signatures thereon. The I.O. inspected the place of occurre
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