Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.536 of 1990 ================================================= SURENDRA YADAV, S/O SHYAM YADAV, R/O VILLAGE GORUARI, POLICE STATION BAKHTIYARPUR, DISTRICT PATNA. AT PRESENT RESIDING AT MOHALLA BAKARGANJ, POLICE STATION PIRBAHORE, DISTRICT PATNA. .... .... APPELLANT/S VERSUS THE STATE OF BIHAR. .... .... RESPONDENT/S ================================================= Appearance : For the Appellant: Mr. Narendra Prasad Singh, Adv(Amicus Curaie). For the Respondents:Miss. Shashi Bala Verma. ================================================= CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA and HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA) Date: 08-11-2012 This appeal is directed against the judgment of conviction dated 21.11.1990 and the order of sentence dated 23.11.1990 passed by 6th Additional Sessions Judge, Nalanda at Biharsharif in Sessions Trial No. 205/1983/124/1986, whereby and whereunder, the appellant Surendra Yadav has been convicted for an offence punishable under Section-302 IPC and sentenced to undergo rigorous imprisonment for life. 2. The prosecution case is based on the fardbeyan of one Jaua Beldar (PW-7) who in his Patna High Court CR. APP (DB) No.536 of 1990 dt.08-11-2012 2 statement before the police officer, Ram Deo Singh (PW-9) at the Bind Police Station recorded on 03.10.1982 at about 8 pm had stated that on the same day he was engaged in getting his cattle (She-Buffalo) graze in the Western Khandha of his village, adjacent to the field of one Shyam Yadav(co-accused) and since acquitted by the trial Court. He has further stated that in the field adjacent to the field of aforesaid Shyam Yadav there was a small pond (Khada) in which the cattle of the village used to have their bath. Continuing with his version of the incident the informant had claimed that even when his cattle had not entered in the field of Shyam Yadav an offensive insinuating remark was made by Shyam Yadav against the informant that the Cattle(She-Buffalo) of the informant used to be frequently made to enter in his field. The informant had claimed to have resorted to such allegation of Shyam Yadav denying that his Cattle had never entered in the field of Shyam Yadav but even then Shyam Yadav had forcibly took away his Cattle (She-Buffalo) but somehow his Cattle (She-Buffalo) had returned back to the house of the informant. Patna High Court CR. APP (DB) No.536 of 1990 dt.08-11-2012 3 3. The informant in the background of the aforementioned genesis of the occurrence had alleged in his statement before the police that Shyam Yadav in presence of Haricharan Beldar (PW-1) and Dani Beldar (PW-2) having arrived in the field of the informant had started abusing the informant which was objected to by the informant. The informant has also claimed that in the meantime Lal Bihari Jamadar(deceased) had arrived in the field of the informant and had tried to pacify Shyam Yadav by advising that it was wholly unnecessary to have a fight on such a trivial issues. The specific allegation of the informant however is that Shyam Yadav on this advisory utterance of the Lal Bihari Jamadar (deceased) became annoyed and had exhorted ordering his son, the appellant Surendra Yadav to kill him. 4. According to the informant, Shyam Yadav was armed with a country made gun and on the order given by Shyam Yadav his son Surendra Yadav armed with bhala as also Ram Chander Yadav (since acquitted) armed with lathi had arrived at the place and the appellant Surendra Yadav had assaulted with Patna High Court CR. APP (DB) No.536 of 1990 dt.08-11-2012 4 bhala on the right arm of the Lal Bihari Jamadar, the deceased causing a cut injury on his arm. The informant has further alleged that a second repeated blow of bhala was also given by the appellant Surendra Yadav on the rib-cage of the Lal Bihari Jamadar (the deceased) as a result whereof he had fallen down in the corner portion of the house of the informant. The informant had further alleged that after sustaining such repeated blow by Bhala, Lal Bihari Jamadar had succumbed to his injuries at the spot itself. 5. According to the informant since Lal Bihari Jamadar had died at the spot he along with others present over there had ran away out of fear. The informant had claimed that such occurrence had taken place at the time when the sun was setting down. It is this fardbeyan of the informant in presence of Haricharan Beldar (PW-1), Jaggarnath Beldar (not examined) and Chandeshwar Paswan (PW-3) who is a village Chowkidar led to institution of Asthawan PS Case No.179/1982 for the offence punishable under [STATUTE] against the appellant and two others Shyam Yadav and Ramchandra Yadav. Patna High Court CR. APP (DB) No.536 of 1990 dt.08-11-2012 5 6. The police after investigation had submitted chargesheet against all the three persons whereafter the case was committed to the Court of Sessions and the trial Court has convicted the appellant while acquitting both Shyam Yadav and Ramchandra Yadav. This appeal is only directed against such judgment of conviction and sentence at the instance of the appellant Surendra Yadav. 7. The defence of the appellant Surendra Yadav was in fact a joint defence with two other co-accused persons and it was sought to be explained by them that there was infact an attack by the prosecution party and the fatal injury on the person of the deceased(Lal Bihari Jamadar) was in fact a resultant injury in such melee at the hand of the prosecution party itself. The further defence of the appellant along with two other co-accused persons was one of false implication on account of previous enmity. 8. In this case the counsel who had filed the appeal did not appear at the time of its final hearing and as such we had appointed Mr. Narendra Prasad Singh an advocate to appear as an amicus curiae. Patna High Court CR. APP (DB) No.536 of 1990 dt.08-11-2012 6 9. L

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.