JUDGMENT :

PRAKASH CHANDRA JAISWAL

As all the aforesaid four criminal appeals have cropped up from the same judgment, hence the aforesaid appeals are being heard together and disposed of by this common judgment.

2. Heard Sri Vikramdeo Singh, learned counsel assisted by Sri Ashok Kumar Sinha, Smt. Meena Singh and Sri Paras Nath learned counsels for the appellants in all the aforesaid four appeals. Sri Ajay Mishra as well as Sri Satya Narayan Prasad, learned Additional Public Prosecutors as well as Sri Ramakant Sharma, learned senior counsel assisted by Dr. Amrendra Kumar, learned counsel for the informant on the aforesaid appeals.

3. The aforesaid four criminal appeals have been preferred against the judgment and order of conviction dated 11.06.2013 and order of sentence dated 17.06.2013 passed by the Additional Sessions Judge-II, Jehanabad jointly in Sessions Trial No.85 of 2011/92 of 2011, Sessions Trial No.383 of 2011/73 of 2011 and Sessions Trial No.318 of 2012/85 of 2012, arising out of Jehanabad P.S. Case No.195 of 2010, whereby the learned Trial Court acquitted the accused Rahul Kumar Pankaj @ Rahul Kumar @ Dhoni of the charges levelled against him and convicted accused Raj Kumar Yadav, Teeju Yadav @ Teeju Kumar and Munna Yadav for the offences punishable under Sections 147,302/149 and 379/149 of the Indian Penal Code (hereinafter in short referred to as the 'I.P.C.') and convicted accused Satyanarayan Prasad for the offences punishable under Sections 147, 302/149/114 of the I.P.C. and sentenced accused Raj Kumar Yadav, Teeju Yadav @ Teeju Kumar, Munna Yadav and Satyanarayan Prasad to undergo R.I. for life and also slapped them with a fine of Rs.10,000/- each and in case of default of payment of fine to further undergo S.I. for one year under Section 302 read with Section 149 I.P.C. or under Section 302/149/114 I.P.C. and no separate sentence was awarded to the accused persons under Section 147 & 379/149 I.P.C.

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4. Factual matrix of the case is that Jehanabad P.S. Case No.195 of 2010 was initially instituted under Sections 147, 148, 149, 323, 307 & 308 I.P.C. and subsequently added with Section 302 I.P.C. following the death of the victim Vivek Kumar against manager of the fair, Rajesh, Satyanarayan, Teeju Yadav, Raj Kumar, Gaurav Yadav, Ranjan Yadav, Munna Yadav, Gautam Kumar, Rahul Kumar @ Dhoni, Pintu Kumar @ Chhotu, Vinod Kumar and other unknown miscreants, on the basis of fardbeyan of Vikash Kumar, son of Yugal Kishore Prasad, recorded by S.I. Rajneesh Prakash Pandey on 05.04.2010 at 3:30 PM at bed No. 17 of IUC of Rajeshwar Hospital Patna with the allegation in succinct that on 02.04.2010 the informant along with his brother Vivek Kumar had visited Meena Bazar fair organized at Gandhi Maidan, Jehanabad at around 8 PM and while they were relishing chat near tower swing in the fair abruptly he heard explosion of bomb and uproar. Responding the same, when they started stepping out of the fair the goons of the manager of the fair who were 30-35 in number armed with lathi, danda, iron rod, hockey stick, pistol and bomb chased the person and at the instigation of the manager of the fair, namely, Rajesh and Satyanarayan to assault Vivek Kumar, Teeju Yadav, Raj Kumar, Gaurav Yadav, Ranjan Yadav, Munna Yadav, Gautam Kumar, Rahul Kumar @ Dhoni, Pintu Kumar @ Chhotu, Vinod Kumar and other unknown miscreants started assaulting his brother Vivek Kumar. Teeju Yadav and Raj Kumar assaulted on the head of his brother by means of rod and other accused persons assaulted him by means of rod, lathi, iron punch, leg and fist. Sustaining injury, he fell down. Then they also assaulted him by means of boot. They snatched away the mobile and golden chain of his brother. The bone of contention is said to be that the aforesaid manager of the fair Rajesh and Satyanarayan had engaged 50-60 miscreants in the security of the fair who used to misbehave with the woman folk and girls visiting the fair. Two days precedent to the occurrence the locals