Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.129 of 2003 (Against the judgment of conviction and order of sentence dated 17.03.2003 passed by Shri Vijay Kumar Sinha, Additional Sessions Judge, F.T.C., Bhagalpur in Sessions Trial No.640 of 1996/ Trial No.85 of 2002) =========================================================== 1. Arjun Yadav , son of Mittu Yadav 2. Pawan Kumar, son of Suresh Yadav (Both residents of village- Koili, P.S.- Jagdishpur, District- Bhagalpur) .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 135 of 2003 =========================================================== Uday Yadav, son of Suresh Yadav, resident of village-Koili, P.S.- Jagdishpur, District- Bhagalpur. .... .... Appellant Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 150 of 2003 =========================================================== Nityanand Yadav, son of Ishwar Yadav, resident of village- Khutaha, P.S.- Lodipur, District- Bhagalpur. .... .... Appellant Versus The State of Bihar .... .... Respondent/s With Criminal Appeal (DB) No. 153 of 2003 =========================================================== 1. Dhananjay Yadav, son of Late Chhotan Yadav. 2. Mahendra Yadav, son of Late Bhola Yadav (Both residents of village- Koili, P.S.- Jagdishpur, District- Bhagalpur) .... .... Appellants Versus The State of Bihar .... .... Respondent/s =========================================================== Patna High Court CR. APP (DB) No.129 of 2003 dt.27-08-2012 2 Appearance: For the Appellants : Mr. Kanhaiya Prasad Singh, Sr. Advocate : Mrs. Jyotsna Kumari, Advocate For the Respondent/s : Mr. Ashwini Kumar Sinha, Add.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 27-08-2012 All these appeals have been preferred against the judgment of conviction and order of sentence dated 17.03.2003 passed by the learned Additional Sessions Judge, F.T.C., Bhagalpur in Sessions Trial No.640 of 1996/ Trial No.85 of 2002 by which all the appellants have been convicted and sentenced to undergo rigorous imprisonment for life under [STATUTE] ., rigorous imprisonment for two years under [STATUTE] . and three years under Section 27 of the Arms Act. It has been directed that all the sentences to run concurrently. 2. Since all the appellants have been convicted and sentenced as aforesaid in Sessions Trial No.640/1996 arising out of Sabour (Lodipur) P.S. Case No.266 of 1995, as such, they have been heard together and are being disposed of by this common judgment. 3. The prosecution case, in brief, is that on 8.12.1995 at Patna High Court CR. APP (DB) No.129 of 2003 dt.27-08-2012 3 about 7.00 A.M., the informant Amit Kumar @ Hilter (P.W.5) alongwith his uncle Surya Narayan Yadav (deceased), his brother Suman Yadav (P.W.3) and one labourer Lelho Paswan (not examined) proceeded from his house towards his field situated at Rahuwa Mauza. They were carrying seeds of wheat with them. When they reached at their field at about 8.00 A.M., the tractor driver alongwith tractor were present there from before. After sowing the seeds, the informant (P.W.5) alongwith his uncle Surya Narayan Yadav (deceased) proceeded for Bhagalpur at about 9.00 A.M. for some urgent works and when they covered a distance of about 500-700 yards to come on pitch road, they saw about 8 to 10 persons variously armed were coming to them from behind in running state by shouting “SALE SABKO PAKRO” and so they started fleeing away and in that position, the informant turned behind and saw that all the appellants alongwith three other miscreants namely, Rabindra Yadav, Satyendra Yadav and Ganesh Yadav were armed with deadly weapons. All of them surrounded his uncle Surya Narayan Yadav (deceased) and shot fire at him. As a result of which, he fell down and began trampling. In the meantime, Ganesh Yadav shot fire from his rifle. Thereafter, all of them, escaped towards southern side. Thereafter, the informant and his brother Suman Yadav (P.W.3) saw that his uncle had fire shot injuries and was lying dead in a pool of blood. The occurrence was Patna High Court CR. APP (DB) No.129 of 2003 dt.27-08-2012 4 also seen by the persons working in the field. The informant sent his brother Suman Yadav (P.W.3) to his house to inform about the occurrence. After some time, the Officer-in-charge of the Lodipur Police Station came there and recorded the fardbeyan of the informant. The reason for the occurrence is that about 2 and half months ago, his uncle (deceased) had deposed in the court against the accused. The fardbeyan was witnessed by Duryodhan Yadav (not examined). On the basis of aforesaid fardbeyan, Sabour (Lodipur) P.S. Case No.266 of 1995 was instituted for the offence punishable under [STATUTE] . and Section 27 of the Arms Act. After investigation, charge-sheet was submitted showing accused Ganesh Yadav, Rabindra Yadav and Satyendra Yadav as absconders. Cognizance was taken and the case was committed to the court of sessions. The charges were framed against all the appellants to which they denied and claimed to be tried. The defence has pleaded not guilty and the accused Dhananjay Yadav and Arjun Yadav have also taken a plea of alibi by stating that they were present in their respective offices at the time of alleged occurrence. After the trial, all the appellants have been found guilty and have been convicted and sentenced as aforesaid. 4. The learned counsel for the appellants has submitted that the impugned judgment and order of conviction passed by the learned Patna High Court CR. APP (DB) No.129 of 2003 dt.27-08-2012 5 trial court is illegal, unwarranted and unsupported by the material on record. Lelhu Paswan, who was an important witness, ha

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.