Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Govt. Appeal (DB) No.45 of 1990 =========================================================== The State of Bihar .... .... Appellant Versus 1. Bhim Yadav 2. Shri Ballam Yadav, Both sons of Late Prasadi Yadav 3. Chhotey Yadav, Son of Shri Bhim Yadav 4. Deonandan Yadav, Son of Shri Sukan Yadav 5. Anandi Yadav, Son of Shri Deonandan Yadav, All resident of Village – Lalbag, P.S. – Deep Nagar, District – Nalanda. .... .... Respondents with Criminal Appeal (DB) No. 197 of 1990 =========================================================== Raj Ballam Yadav @ Bijli Yadav, Son of Late Prasadi Yadav, Resident of Village – Lalbag, Police Station – Deep Nagar, District – Nalanda. .... .... Appellant Versus The State of Bihar .... .... Respondent =========================================================== Appearance : (In G. APP. (DB) No. 45 of 1990) For the Appellant : Mr. Ashwini Kumar Sinha, Mr. P.P. For the Respondents : Mr. Alok Ranjan, Amicus Curiae (In CR. APP (DB) No. 197 of 1990) For the Appellant : Mr. Alok Ranjan, Amicus Curiae For the Respondent : Mr. Ashwini Kumar Sinha, Mr. P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA and HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) Date: 05-11-2012 When the appeals were called out repeatedly then nobody has appeared on behalf of the appellant Raj Ballam Yadav @ Bijli Yadav. The appeal is of the year 1990. The appellant was properly noticed despite that he has not appeared, so this Court had no other way out than by appointing Amicus Curiae on behalf of the Patna High Court G. APP. (DB) No.45 of 1990 dt.05-11-2012 2 appellant. Shri Alok Ranjan, Advocate is present in the Court and volunteers to assist the Court as Amicus Curiae. Considering his willingness, Shri Alok Ranjan is appointed as Amicus Curiae to assist the Court on behalf of the appellant. Let a copy of the brief of the appeal be handed over to newly appointed Amicus Curiae. The appeal is being passed over and it shall be taken up after lunch. 2. Criminal Appeal No. 197 (DB) of 1990 by Raj Ballam Yadav @ Bijli Yadav and Government Appeal No. 45 (DB) of 1990 on behalf of State of Bihar have arisen out of one common judgment passed on 25th of April, 1990 by the learned Sessions Judge, Nalanda at Bihar Sharif in Sessions Trial No. 276 of 1989, arising out of Bihar P.S. Case No. 519 of 1987 holding the appellant Raj Ballam Yadav @ Bijli Yadav guilty under [STATUTE] and Section 27 of the Arms Act and sentencing him to undergo RI for life and three years respectively. The sentences have been ordered to run concurrently. 3. The State of Bihar has challenged the acquittal of respondents Bhim Yadav, Sri Ballam Yadav, Chhotey Yadav, Anandi Patna High Court G. APP. (DB) No.45 of 1990 dt.05-11-2012 3 Yadav and Deo Nandan Yadav. 4. On 7th December, 1987 at 5.00 P.M., Deonandan Pd. Sinha (the deceased) carrying a packet of Urea fertilizer was going upon the rickshaw being plied by P.W. 7 Bijendra Paswan. Deonandan Pd. Sinha (the deceased) was a School Teacher. While they were towards their houses from Bihar Sharif then the informant P.W. 3 Krishna Chandra Prasad noted that some other persons were negotiating through the same way. The informant along with his nephew Nand Kishore Prasad P.W.6, Mahesh Prasad P.W. 2, Ashok Kumar P.W. 1 was also negotiating through the same route in near vicinity of the rickshaw being plied by P.W. 7. As soon as the rickshaw of P.W. 7 carrying Deonandan Pd. Sinha (the deceased) reached near a tree of Dumarao Road at 5.00 P.M., then Raj Ballam Yadav @ Bijli Yadav, Chhotey Yadav, Bhim Yadav, Sri Ballam Yadav and Deonandan Yadav variously armed intercepted the rickshaw which was carrying Deonandan Pd. Sinha (the deceased) and at the behest of Bhim Yadav, Deonandan Pd. Sinha was fired upon by Raj Ballam Yadav @ Bijli Yadav who received firearm injury and succumbed to that injury on the rickshaw itself. On cry Binod Kumar P.W. 4, Umesh Kumar P.W. 5 and others also came and witnessed the occurrence. The reason for the ghastly murder was that Surjyanandan Prasad, son of Bhim Prasad – a military man had Patna High Court G. APP. (DB) No.45 of 1990 dt.05-11-2012 4 greedy eyes upon the land of the informant for which he had applied for settlement before the Collector, Nalanda. The proceeding with regard to his application was terminated. The land was in the process of being encircled and for that bricks were stacked. The killing was with the aim of restraining construction of the boundary upon the land. The fardbeyan (Ext. 1) witnessed by Nand Kishore Prasad P.W. 6 and Ramchandra Pd. (not examined) resulted into formal FIR (Ext. 6) under [STATUTE] and Section 27 of the Arms Act. The occurrence of 5.00 P.M. was recorded just within an hour at 6.00 P.M. on 07.12.1987, it was sent to court on 08.12.1987. In course of investigation, the inquest report (Ext. 2) was prepared, seizure list (Ext. 3) was also made, post-mortem report (Ext. 7) was obtained. Statement of the witnesses under Section 161 of the Cr.P.C. was taken and the place of occurrence was investigated. The informant was not satisfied with the pace and manner of investigation so he protested it by filing protest petitions. Charge sheet against Raj Ballam Yadav @ Bijli Yadav was submitted ultimately cognizance was taken against all the accused persons who were put on trial. The trial court of Sessions Judge, Nalanda framed charge under [STATUTE] against Bhim Yadav, Sri Ballam Yadav, Chhotey Yadav, Anandi Yadav and Deonandan Yadav, charge under [STATUTE] was framed against Bhim Yadav and Patna High Court G. APP. (DB) No.45 of 1990 dt.05-11-2012 5 charge under [STATUTE] and Section 27 of the Arms Act was framed against Raj Ballam Yadav @ Bijli Yadav. Statement of t

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.