IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.102 of 1989 (Against the judgment of conviction and order of sentence dated 9.02.1989 passed by Mr. Basudeo Sahai, learned 3rd Additional Sessions Judge, Saharsa in Sessions Case No.48 of 1986) =========================================================== 1. Umesh Yadav, son of Late Turanti Yadav, resident of Farsaha, P.S.-Sour Bazar, District- Saharsa (since dead). 2. Chandeshwari Yadav, son of late Kamleshwari Yadav (since dead). 3. Bidyanand Yadav, son of late Kamleshwari Yadav. (Both residents of Sohath, P.S.- Sour Bazar, District- Saharsa. 4. Bishwanath @ Bishun Dhobi, son of Gango Dhobi, resident of village- Farsaha, P.S.- Sour Bazar, District- Saharsa. .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 111 of 1989 =========================================================== 1. Dharam Lal Yadav, son of Mushilal Yadav. 2. Karamlal Yadav, son of Mushilal Yadav 3. Rabbo @ Rappo Yadav, son of Nunulal Yadav. 4. Yogendra Dusadh, son of Madho Dusadh (since dead). 5. Ram Prasad Amat, son of Jattu Rai (since dead). (All residents of village- Suhath, P.S.- Sour Bazar, District- Saharsa). .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 112 of 1989 =========================================================== 1. Satto Yadav, son of Hari Lal Yadav (since dead). 2. Bido @ Bidyanand Yadav, son of Satto Yadav. (Both residents of village-Forsaha, P.O.- Sohad, P.S.- Sour Bazar, District- Saharsa) .... .... Appellants Versus The State of Bihar .... .... Respondent With Criminal Appeal (DB) No. 122 of 1989 Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 2 =========================================================== 1. Satto Yadav, son of Lakhan Yadav (since dead). 2. Ram Bahadur Yadav, son of Late Sukhdeo Yadav (since dead). 3. Mahender Yadav, son of Late Ayodhi Prasad Yadav (since dead). 4. Ram Bilas Yadav, son of Late Suti Yadav. 5. Shiv Nath Yadav, son of Late Sakhi Yadav. 6. Binod Yadav, son of Sri Mahendra Yadav. 7. Jagdish Yadav, son of Late Bichkun Yadav. 8. Rajendra Yadav, son of Late Soti Yadav. 9. Saryug Mushar, son of Baunu Mushahar (since dead). 10. Shibhan @ Shibu Yadav, son of Sri Nandi Yadav (since dead). 11. Kishun Mushar, son of Raghubar Musahar(since dead). 12. Mishri Mushar, son of Late Agarjit Mushahar. 13. Gurkhan Mushahar, son of Sri Bijal Mushahar. 14. Tina Mushar, son of Late Ram Adhin Mushahar. 15. Jogendra Mushahar, son of Late Agarjit Mushahar. 16. Jhingar Mushahar, son of Chhoti Mushahar. 17. Rajdeo Yadav, son of Sri Nandi Yadav. 18. Shobbal Yadav @ Shyamal Yadav, son of Sri Sukhdeo Yadav. 19. Nageshwar Mushahar, son of Late Phulo Mushahar. 20. Chandeshwar Mushahar, son of Sri Hakaroom Mushahar (since dead). 21. Banarsi Mushahar, son of Chhoti Mushahar. 22. Binchu Mushahar, son of Dorik Mushar (since dead). 23. Jogi Yadav @ Jogendra Yadav, son of Sri Nandi Yadav. 24. Barahmi Mushahar, son of Late Shobhi Mushahar. 25. Ram Mushahar, son of Late Natu Mushahar. 26. Sahib Mushahar, son of Late Agarjit Mushahar. 27. Bouka Mushahar, son of Sri Kishan Mushahar 28. Brahmi Yadav @ Brahmdeo Yadav, son of Late Bichkun Yadav. 29. Saryug Yadav, son of Late Jhakush Yadav (All residents of village- Forsaha, P.O.- Sohwat, P.S.- Sourt Bazar, District- Saharsa) .... .... Appellants Versus The State of Bihar .... .... Respondent =========================================================== Appearance: (In CR. APP (DB) No. 102 of 1989) For the Appellant/s : Mr. Rama Kant Sharma, Senior Advocate : Mr. Dharmendra Kumar Singh, Advocate For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. : Mr. Shiwesh Chandra Mishra, A.P.P. For the Informant : Mr. Vijay Shankar Shrivastava, Advocate (In CR. APP (DB) No. 111 of 1989) For the Appellant/s : Mr. Krishna Prasad Singh, Senior Advocate : Mr. Manindra Kishore Singh, Advocate : Mr. Mithilesh Kumar Singh, Advocate For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. : Mr. Shiwesh Chandra Mishra, A.P.P. For the Informant : Mr. Vijay Shankar Shrivastava, Advocate Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 3 (In CR. APP (DB) No. 112 of 1989) For the Appellant/s : Mr. Mr. Chittaranjan Sinha, Senior Advocate : Mr. Subodh Kumar, Advocate For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. : Mr. Shiwesh Chandra Mishra, A.P.P. For the Informant : Mr. Vijay Shankar Shrivastava, Advocate (In CR. APP (DB) No. 122 of 1989) For the Appellant/s : Mr. Mr. Chittaranjan Sinha, Senior Advocate : Mr. Subodh Kumar, Advocate For the Respondent/s : Ms. Shashi Bala Verma, A.P.P. : Mr. Shiwesh Chandra Mishra, A.P.P. For the Informant : Mr. Vijay Shankar Shrivastava, Advocate . =========================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA And HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL) Date: 18-05-2012 These appeals have been preferred against the judgment of conviction and order of sentence dated 9.02.1989 passed by the learned 3rd Additional Sessions Judge, Saharsa in Sessions Case No.48 of 1986 by which the appellants Nageshwar Mushar, Saheb Mushar, Gurkun Mushar, Ram Mushar, Jogi Yadav @ Jogendra Yadav, Binod Yadav, Bishan @ Bishwanath Dhobi and Jagdish Yadav have been held guilty under Section 302 of the I.P.C. and have been sentenced to rigorous imprisonment for life. No separate sentence has been passed for their conviction under Section 302/149 of the I.P.C. They have also been convicted under Sections 201, 380 & 148 of the I.P.C. and have been sentenced to undergo rigorous Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 4 imprisonment for two years each under Sections 201, 380 and 148 of the I.P.C. each and their sentences have been ordered to run concurrently. 2. The accused Mishri Mushar, Jogendra Mushar, Jhinger Mushar, Banarsi Mushar, Chandeshwari Mushar, Sukhi Mushar, Binchu Mushar, Saryug Mushar, Tina Mushar, Kishan Mushar, Brahai Mushar, Umesh Yadav, Shibu @ Shiban Yadav, Satto Yadav son of Lakhan Yadav, Rajdeo Yadav, Brahamdeo Yadav @ Brahai Yadav, Ram Bahadur Yadav, Ram Bilash Yadav, Shabbal Yadav @ Shyamal Yadav, Shivnath Yadav, Saryug Yadav, Satto Yadav son of Hari Lal Yadav, Bido Baiday Yadav son of Satto Yadav, Vidyanand Yadav son of Kamleshwari Yadav, Dharam Lal Yadav, Karamlal Yadav, Yogendra Dusadh, Rabbo Yadav, Rajendra Yadav have been convicted and sentenced to undergo imprisonment for life under Sections 302/149 of the I.P.C. and further rigorous imprisonment for two years each under Sections 148, 380 and 201 of the I.P.C. each and all the sentences have been ordered to run concurrently. 3. Further accused Sabal Yadav @ Shyamal Yadav has been convicted and sentenced to undergo rigorous imprisonment for six years under Section 307 of the I.P.C. which has been ordered to run concurrently with his other sentences. 4. The accused Brahmi Yadav has also been convicted and Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 5 sentenced to undergo rigorous imprisonment for six years under Section 307 of the I.P.C. which has been ordered to run concurrently with his other sentences. 5. The accused Bilash @ Ram Bilash Yadav has been further convicted under Section 436 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for six years and his sentence has been ordered to run concurrently with his other sentences in other sections of the I.P.C. Bidhichand died, as such, no sentence has been passed for the charge under Section 436 of the I.P.C. and other sections of the I.P.C. 6. The accused Mahendra Yadav, Ram Prasad Amat and Chandeshwari Yadav have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/149 of the I.P.C. and further rigorous imprisonment for two years each under Section 148 of the I.P.C. and also rigorous imprisonment for two years under Section 201 of the I.P.C. and their sentences have been ordered to run concurrently alongwith other sentences passed against them. 7. Since all these appeals have arisen out of the aforesaid judgment of conviction and order of sentence, as such, all these appeals have been heard together and are being disposed of by this common judgment. 8. It appears from the record that it was reported that 14 Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 6 appellants died during the pendency of these appeals. As such, a report was called for from the Superintendent of Police, Saharsa regarding the death of those appellants. The Superintendent of Police has reported vide letter no.1491 dated 11.04.2012 that Umesh Yadav and Chandeshwari Yadav (appellant nos. 1 & 2 of Cr. Appeal No.102 of 1989), Yogendra Dushadh and Ram Prasad Amat, son of Jattu Rai (appellants in Cr. Appeal No.111 of 1989), Satto Yadav son of Hari Lal Yadav (appellant no.1 in Cr. Appeal No.112 of 1989), Satto Yadav son of late Lakhan Yadav, Ram Bahadur Yadav, Mahendra Yadav, Saryug Mushhar, Shivan @ Shibu Yadav, Kishun Mushhar, Chandeshwar Mushhar and Binchhu Mushhar (all appellants in Cr. Appeal No.122 of 1989) died and a certificate gratned by the Sarpanch of Gram Suhath has also been attached. As such, the appeals of the aforesaid appellants are abated against them. It has been reported that Teena Mushhar, son of late Ramadhin Mushar of village-Forsaha, P.S.-Saur Bazar, District- Saharsa came out from the jail 10-12 years ago, but he has not returned to his house and there is no other members in his house from which the information regarding his death could be obtained. 9. The prosecution case, in brief, is that Asho Devi (P.W.14) wife of Jaldhar Yadav (deceased) gave her fardbeyan (Ext.10) to S.I., S.J. Murmu (P.W.18) of Saurbazar police station, Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 7 district- Saharsa on 23.06.1985 at 11.30 hours at the Gohal of Jaldhar Yadav at Forsaha that in the early morning, she was brooming and sweeping inside her house. Her husband Jaldhar Yadav was sleeping in another room. In the meantime, 20-25 persons armed with arrows, bows, lathies, Bhalas and guns entered into her courtyard, all of a sudden and uttered that the members of the family of Jaldhar Yadav would be killed. After hearing this noise, her husband Jaldhar Yadav tried to flee away, but one Umesh Yadav shot fire upon him. She did not know as to whether it hit him or not some how or other Jaldhar succeeded in fleeing away while the members of the mob came inside her courtyard. She identified Nageshwar Mushhar, Mishri Mushhar, Sahab Mushhar, Jhingra Mushhar, Banarsi Mushhar, Chandeshari Mushhar, Ram Mushhar, Bauka Mushhar, Gurkun Mushhar, Umesh Yadav, Shiv Yadav, Yogi Yadav, Rajdeo Yadav, Vinod Yadav, Mahendra Yadav, Jagdish Yadav, Ram Yadav, Chanchal Yadav, Vidhichand Yadav, Ram Bahadur Yadav, all these persons were armed with bows and arrows, lathies, Bhala only Umesh Yadav was armed with gun. After seeing that her husband was fleeing away, they shot arrows which hit her son Manoj Lal Yadav (P.W.7). She dragged him in the kitchen garden. She has further stated that she also saw about 100 persons armed with various weapons entered into the house of the five brothers of her husband. She identified Vilash Yadav, Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 8 Sabal Yadav, Shatrughan Yadav, who were riding on horse and were instigating others that no one could be escaped and should be killed. She also identified Shiv Pd. Yadav, Rajendra Yadav, Shiv Nath Yadav, Jay Nath Yadav, Saryug Yadav, Satto Yadav, Dani Yadav, Ram Yadav, Yogendra Mushhar, Binchu Mushhar, Saryug Mushhar, Brahmi Mushhar, Vishwanath Dhobi, Sato Yadav, Bino Yadav, Yogendra Dushadh, Ram Prasad Amat, Yadu Yadav, Rabbo Yadav, Chandeshwari Yadav, Vidyanand Yadav, Dharam Lal Yadav, Karam Lal Yadav, Heena Mushhar, Birbal Mushhar, KIshun Mushhar and Bablu Yadav all were armed with various weapons. They were bows and arrows, which caused injuries to several persons. Horse rider Bilash Yadav lit fire in the thatched roof of Shibal Yadav. Bidhichand Yadav set fire in the house of Janardan Yadav. Shiv Prasad Yadav set fire which caused destruction of the house of the informant. In this way, thatched house of all the brothers of her husband were burning. The mob killed the members of her family and threw them in the fire. They threw 5-6 persons in the fire. She could not name those persons as the dead bodies were not fit to be identified. She has further stated that she also saw that when the houses were burning, some persons dragged her husband in the fire. His body was burnt and it was not fit to be identified. She has further alleged that the members of the mob looted the grains and other articles from the houses. They also looted Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 9 their cattle. She also came to know from her Gotani that her husband Janardan Yadav was also killed and thrown in the flame. When she came to know that the police has come, thereafter, the informant came out. It has been alleged that due to previous old enmity and litigation between her husband and Shiv Prasad Yadav, the occurrence has taken place. On the fardbeyan of the informant Asho Devi, Saur Bazar P.S. Case No.64 dated 25.06.1985 was registered under Sections 147, 148, 149, 323, 324, 307, 302, 436, 379 and 380 of the I.P.C. and Section 27 of the Arms Act. After investigation, charge-sheet was submitted. The case was committed to the court of sessions. The charges were framed against the accused including the appellants. Altogether 45 accused faced the trial. After the trial, 5 accused were not found guilty and they have been acquitted by giving them the benefit of doubt and the appellants were convicted and sentenced in the manner indicated above. 10. This Court is required to see as to whether the prosecution has been able to substantiate its case beyond all reasonable doubts against the appellants. 11. The prosecution has examined the witnesses to prove its case. They are namely, P.W.1 Jai Narayan Yadav, P.W.2 Sabir Ahmad, P.W.3 Abhinandan Pd. Yadav, P.W.4 Jai Kishore Yadav, P.W.5 Sita Ram Yadav, P.W.6 Siwan Yadav, P.W.7 Manoj Kumar Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 10 Yadav, P.W.8 Kapileshwar Pd. Yadav, P.W.9 Phool Kumari Devi, P.W.10 Neera Devi, P.W.11 Nageshwar Yadav, P.W.12 Sita Devi, P.W.13 Ramawater Paswan, P.W.14 Asho Devi, P.W.15 Ram Awatar Yadav, P.W.16 Dr. Brajindra Kumar Yadav, P.W.17 Arun Kumar Mandal, P.W.18 S.J.Murmu, P.W.19 Dilip Kumar Sinha, P.W.20 Dr. S.P. Singh and P.W.21 Chhotey Lal Yadav. 12. P.W.2 is a constable and a formal witness. He has identified the writing and signature of the Officer-in-charge S.J.Murmu. The fardbeyan has been marked as Ext.1. P.W.10 and P.W.12 have been tendered. P.W.13 has been hostile. P.W.15 is also a formal witness. P.W.21 is also a formal witness. He has taken the bloodstained soil to the Forensic Science Laboratory for chemical examination, which has been marked as Ext.5. He has also brought the forensic science laboratory report, which has been marked as Ext.19. 13. P.W.1 has stated that on 23.06.1985 prior to the sunrise, he was giving fodder to his cattle at his Darwaja. He saw that about 150 persons armed with various weapons raising alarm came there. They were instigating each other to kill the members of the family of Jaldhar Yadav. The members of the mob came to his house and looted the grains and other articles. They also looted the house of his brothers Jaldhar Yadav, Janardan Yadav, Shivan, Jay Kishore and Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 11 also the house of his brother-in-law Kapo. After looting the household articles, they set fire in their houses. They killed Jaldhar Yadav, Janardan Yadav, Ramdil Yadav, Bilo Yadav, Jagan Yadav, Umesh Yadav, Abhinandan Yadav and Arjun Yadav and threw them in the fire. He has stated that in the mob Umesh Yadav was armed with gun, Shiv Prasad Yadav was armed with Lathi, Rajendra Yadav was armed with gun, Bilash Yadav was armed with gun and riding on horse, Shamal Yadav was armed with bow and arrow and was riding on horse, Ramnath Yadav, Shivnath Yadav, Jainath Yadav, Mahendra Yadav, Binod Yadav, Pramod Yadav, Jagdish Yadav, Ramji Yadav Bidhichand Yadav, Brahmi @ Chanchal Yadav, Bishan Dhobi, Jang Bahadur Yadav, Dani Yadav, Satto Yadav, Saryug Yadav, Siwan Yadav, Yogi Yadav, Rajdeo Yadav, Nageshwar Mushhar, Saheb Mushhar, Mishri Mushhar, Banarsi Mushhar, Jhingur Mushhar, Teena Mushhar, Ghurkun Mushhar, Chandeshwari Mushhar, Ram Mushhar, Bauku Mushhar, Kishun Mushhar, Binchu Mushhar, Saryug Mushhar, Brahmi Mushhar, Birbal Mushhar, Jadu Mushhar, Bablu Yadav, Rabu Yadav, Ram Pd. Amat were armed with traditional weapons. He has further stated that accused Shiv Lal set fire in the house of Jaldhar Yadav, Bilash Yadav set fire in the house of Shiwan, Vidhichand set fire in the house of Janardan Yadav. His father Ramdeen Yadav was assaulted by Vishun Dhobi with spade. Jagdish Yadav assaulted his Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 12 father with Farsa. Jagdish put hay on the dead body of his father and lit fire. He has further stated that his brother Janardan Yadav was giving fodder to the cattle. He was chased and surrounded by Shiv Nath Yadav, Binod Yadav, Pramod Yadav, Vilalsh Yadav, Shamal Yadav, Saryug Yadav, Satto Yadav, Ram Prasad Amat and Yadu Yadav. Binod Yadav and Yogi Yadav assaulted him with Farsa. Shiv Nath Yadav, Pramod Yadav, Ram Prasad Amat and Jadu Yadav dragged and threw Janardan in the fire. He has further stated that Jaldhar Yadav was chased by the accused. He was dragged and was thrown in the fire by them. He has further stated that Jay Nath Yadav assaulted him with arrow on his arm. Ramji Yadav assaulted with arrow on his back portion. He ran and climbed on bamboo tree and also saw the occurrence. In his cross-examination, he has stated that he did not know as to whether Shiv Prasad was killed on that date or not. He does not know as to whether Parasmani, Buchkun, Kunjan, Nemani and Mahendra Mushhar were killed in his village. He does not know as to whether his brother Jaldhar Yadav was an accused in the murder of Parasmani and others. This witness has also been examined as P.W.1/A and has stated about the same fact as stated on 25.06.1987. In his cross-examination, he has stated that he did not see Shiv Prasad in the dead or injured condition in Saur Bazar Hospital. He has no information as to when Shiv Prasad was assaulted and Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 13 when he did dye. He has admitted that Shiv Prasad was killed for which Saur Bazar P.S. Case No.63/1985 was lodged against the accused in which he, his father, brother and others are the accused. He has further stated that he remained in the hospital for seven days. His statement was recorded by the Officer-in-charge after seven days prior to that. He did not disclose the name of the accused to any one. After seven days, his brother Manoj was released and he was sent to jail in the case of Shiv Prasad. He remained in the jail for four months. In paragraph 33, he has stated that he fled away and hide himself, as such, his life could be saved. All the Mushhars are of his Tola. He has also dispute with the Mushhars. He has also stated that he is an accused in Saur Bazar P.S. Case No.20/1984 regarding the loot of truck. He has further stated that Chhote Lal Yadav (P.W.21) is the step-brother of his father. Neero Devi is the daughter of Ramdil. Her husband is Kapo @ Kapileshwari Yadav. He has been cross-examined at length. From the mode of cross-examination, it appears that the defence wants to ask this witness that the occurrence of murder was held in 1977. Shiv Prasad has helped in that case and he was a witness in that occurrence. Shiv Prasad was injured. Thereafter, his co- villagers of Khajraha had taken revenge against P.W.1 and his relatives. 14. P.W.3 has also supported the prosecution case like Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 14 P.W.1. He has also named all the accused and narrated about the manner of occurrence. In paragraph 14, he has stated that he saw altogether 8 dead bodies on the place of occurrence out of which he identified the dead body of Jaldhar Yadav, Janardan Yadav, Jogen Yadav, Bilo Yadav and Ramdil Yadav. He has stated that 3 dead bodies were completely burnt and he could not identify them. He has further stated that out of fear, he has gone to village Jahra and when the matter was pacified, he returned after four days and his statement was taken by the police. In his cross-examination, he has stated that he has no information that the occurrence was taken place nor he has any apprehension of such occurrence. The reason for the occurrence is the land dispute between Shiv Prasad and Jaldhar Yadav. In paragraph 27, he has stated that Jaldhar Yadav had been cultivating the land in Batai since a long time, but Shiv Prasad was claiming land on the basis of some forged documents, but Jaldhar Yadav (deceased) did not allow to take possession of the land. Shiv Prasad was also killed on the same day at the house of Saryug Mistri by Jaldhar. He did not see the occurrence of assault to Shiv Prasad nor did he see the dead body of Shiv Prasad. He has denied that at the time of occurrence, he was not in the village. 15. P.W.4 Jai Kishore Yadav is also the brother of the deceased Jaldhar Yadav. He has also supported the prosecution case Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 15 as P.W.1 and P.W.3. He has also given the details about the occurrence. In paragraph 2 and 3, he has stated that in the occurrence, he also received injuries caused by arrow in his neck and buttock. He is also an injured witness. He was admitted in the hospital and has stated that he remained in the hospital for seven days. Thereafter, the police took his statement. From perusal of the cross-examination, it appears that this witness does not take much time in giving the answer to his queries on behalf of the defence. However, from the cross- examination, it does not appear that the defence has been able to demolish his evidence in examination-in-chief. 16. P.W.5 Sita Ram Yadav is also an injured witness. He has stated that some members of the mob also came to his Darwaja. He identified Brahmi Yadav, Pramod Yadav, Jagdish Yadav, Bidhichan Yadav, Ramji Yadav, Ram Bahadur Yadav and Teena Mushhar. Out of them, Brahmi and Pramod Yadav assaulted him by arrow, which caused him injuries. Teena Mushhar assaulted him with Lathi. He was taken to the Darwaja of Jaldhar where the police officer came. The police officer saw his condition and he was sent to Saur Bazar Hospital and thereafter to Saharsa for treatment. His statement was recorded by the Magistrate. He has identified his signature (Ext.2) on the statement recorded by the Magistrate. In his cross- examination in paragraph 13, he has admitted that he is also an Patna High Court CR. APP (DB) No.102 of 1989 dt.18-05-2012 16 accused in the murder of Shiv Prasad. 17. P.W.6 is the eldest brother of deceased Jaldhar. He has stated that he is eldest among his five brothers. There are Jaldhar (deceased), Janardan (deceased), Jai Narayan (P.W.1) and Jai Kishore (P.W.4). Out of five brothers, Jaldhar and Janardan were killed in the occurrence. His father Ramdil was also killed in the same occurrence. He has further stated that his father and five brothers were living separately. Sita Devi is his wife. Asho Devi is the wife of Jaldhar. Phul Kumari is the wife of Janardan. Neero Devi wife of Kapileshwar @ Kappo Yadav is her sister. Kappo Yadav lives at Parsaha as Gharjamai. Abhinandan Yadav is the son of his sister Neero. Bilo Yadav is the son of Neero, who was also killed in the same occurrence.