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20. The motive for occurrence is traced to the murder of Mahesh Paswan and Ram Chandar Sah in the Year 2003, for which case was instituted. Ram Sharan Yadav, Sunil Yadav were doing pairvi in the aforesaid case for which they were regularly forbidden by Girdhari Yadav. It has also been disclosed that 10-11 months after murder of Mahesh Paswan and Ram Chandar Sah, Adalat Yadav and others had attempted upon the life of Baijnath Yadav, but anyhow, he managed to escape. It has also been disclosed that four days after the aforesaid occurrence, Girdhari Yadav, Adalat Yadav and others made indiscriminate firing at the house of Ram Sharan Yadav, wherein daughter of Ram Sharan Yadav was killed. It has also been disclosed that Adalat Yadav has been sentenced to undergo rigorous imprisonment for life for the murder of Shivji Yadav. Janardan Yadav, Sunil Yadav, Anil Yadav, Baijnath Yadav, Ganesh Yadav, Karelal Yadav and others have been cited as a witness. Furthermore, he identified the accused in dock. During cross-examination, he had stated that Baijnath Yadav, Ram Sharan Yadav was uncle and nephew. He had further stated that he had got no knowledge with regard to land dispute in between Baijnath and Adalat Yadav. He had further admitted that Adalat Yadav had launched a case against Baijnath Yadav, Ram Sharan Yadav including himself for amputation of hand of Girdhari Yadav as well as damaging his eye. He had further stated that he had got no information with regard to cause of dispute amongst Adalat Yadav and Baijnath Yadav. He had further stated that Balia P.S. Case No.104 of 2009 has been launched by Dinesh Yadav, wherein his brothers are accused. In Para-10, he had stated that Adalat Yadav is presently living for the last 9-10 years at village Pratappur which lies 7-8 kilometers away from the P.O. In Para-11, he had stated that his family members have instituted series of litigation against Adalat Yadav. In Para-12, he had stated that no other shop is present near the grocery shop of Suresh Mahto. Other houses are lying at a distance, but he is unable to tell the names of occupant thereof. His house lies 5-6 lagga away from the grocery shop of Suresh Mahto. Police Station lies two kilometers away from the grocery shop of Suresh Mahto. When he reached at the shop of Suresh Mahto, it was closed. He had not seen anybody. He had not stayed at the shop, again he corrected, he stayed there for about one and half hour. During course thereof, he had not talked about the incident with anybody. However, during midst thereof, so many villagers came including Janardan, Anil, Baijnath, Sunil, Ganesh, who are his family members. In Para-13, he stated that P.O. is road as well as some portion of land adjacent to it, but again corrected that P.O. is road covering 10 feet. P.O. is Eastern side of the road. It happens to be pakka road. Blood had fallen at only one place covering 2-3 hands of area. He had not seen more than that. In Para-14, he had stated that he heard sound of 15-20 rounds of firing. Firing was made one by one. After seeing firing, he became afraid and hid in a Banana cluster, which he had shown to Darogaji. All the accused persons have not fired from all side over the prosecution party rather they have fired from Western side. At that very time, Ram Sharan Yadav was standing on Southern front. Sunil Yadav, Ganesh Yadav, Baijnath Yadav were also standing in the same posture. He is unable to say whether Ganesh Yadav had sustained injury or not. He had not seen injury over Baijnath Yadav. In Para-15, he had stated that Sunil Yadav had sustained only one injury by means of firearm. In Para-16, he had stated that Ram Sharan Yadav had sustained only one firearm injury over his head from back side. Ram Sharan Yadav fell down East to the shop of Suresh Mahto by the side of pakki road. 20-25 persons have assembled there including Janardan, Anil, Sunil, Baijnath. In Para-17, he had stated that there was no sign of firing at the P.O. In Para-19, he had stated that his statement was recorded by the police three days after the occurrence. Para-20 is the contradiction however not relating to the main occurrence. Although, the same has not been corroborated from the evidence of PW-9, the I.O.

21. PW-2 had stated that on the alleged date and time of occurrence, he along with his father Baijnath Yadav, cousin brother Ram Sharan and Sunil Yadav were returning from Balia. When they reached near the grocery shop of Suresh Mahto, he saw Adalat Yadav, Bihari Yadav, Anirudh Yadav, Shivji Yadav, Vijay Yadav, Ram Balak, Subodh along with one unknown person, who intercepted them. They were armed with pistol. Adalat Yadav abused and then, stated that in spite of repeated instruction given by Girdhari Yadav to leave doing pairvi relating to murder case of Mahesh Paswan and Ram Chandar Sah, still they have not left the pairvi and so, his whole family will be eliminated. Thereafter, Adalat Yadav ordered to kill. Adalat Yadav fired from his pistol over head of Ram Sharan Yadav from back side. Anirudh Yadav had also fired, Ram Sharan Yadav died instantaneously. Shivji Yadav, Bihari Yadav and Vijay Yadav began to fire at them and during course thereof, the firing having been made by Shivji Yadav struck over right leg of Sunil Yadav. Thereafter, the accused persons left the place after making firing in the air, after an hour, police came and prepared inquest (exhibited). The motive for occurrence has been shown as Sunil Yadav and Ram Sharan Yadav were doing pairvi against Girdhari Yadav to the disliking of accused. At an earlier occasion, Ram Sharan Yadav was shot at by the accused persons. On 28.11.2003, accused persons raided house of Ram Sharan Yadav, made indiscriminate firing, exploded bomb, wherein daughter of Ram Sharan Yadav namely Prem Kumari was killed. He identified the accused in dock. During cross-examination at Para-7, he had admitted that since 1977, Adalat Yadav and Baijnath Yadav are having strained relationship. He had shown ignorance over pendency of different cases amongst the parties since before. In Para-10, he had stated that his cousin brother Ram Sharan Yadav was Munshi in the Court. He had further stated that his uncle Shivji Yadav was murdered in the Year 1977. Now, remains his father Baijnath Yadav and uncle, Vasudev Yadav. In Para-11, he had stated that he along with his father had gone to Balia at about 3.00 p.m. He had not met with any family members during midst of way. He had not met with any family members at Balia Bazar. He had gone to Balia only for wondering. He stayed there one and half hour. He simply loitered at Balia Bazar. He had not stayed at any shop. In Para- 12, he had stated that they were coming from Balia bare-foot. While he was returning from Balia, met with Ram Sharan Yadav, Baijnath Yadav and Sunil Yadav and none other. In course of returning, he had not met with anybody at place of occurrence. There happens to be no house in between Balia to P.O. In likewise manner, there happens to be no house in between P.O. to his house. The road is isolated one. One shop belonging to Suresh Mahto lies in between. He remained at the place of occurrence from 5.00 p.m. to 7.00 p.m. During midst thereof, about 10 persons came at the place of occurrence. Police came after an hour at the place of occurrence. After arrival of the police, so many persons came at the place of occurrence, but he is unable to disclose their names. In Para-7, he had stated that grocery shop of Suresh Mahto lies near about place of occurrence. He is unable to say whether people remained present throughout at his shop or not. In Para-8, he had stated that he was about one lagga East to grocery shop. Other persons were 2-3 steps South to him. As soon as they reached near shop of Suresh Mahto, all the accused persons encircled them. Firing did not follow soon after encircling, rather 2-3 minutes thereafter. All the accused persons were armed with some kind of weapon. In Para-9, he had detailed, who fired whom and during course thereof, he had stated that Vijay Yadav and Shivji Yadav fired from Western side over Sunil Yadav. Thereafter, they escaped there from, others have also fired in the air. He is unable to disclose the exact rounds of firing. He had further stated that firing was made from Eastern-Western side. At that very moment, Ram Sharan Yadav and Sunil Yadav were standing having Southern front. Firing was made from a distance of one hand. In Para-11, he had stated that there was no commotion on account of firing. Villagers have not come at that very moment. After fleeing of accused, they remained there. Subsequently thereof, so many villagers assembled, but he is unable to disclose their names. In Para-12, he had stated that there was sign of firing marks on full pant of Sunil Yadav. In Para-13, he had stated that police had seized blood stained earth from the road. In Para-14, he had stated that Ram Sharan Yadav died at the spot. Sunil Yadav did not become unconscious. The occurrence took place on the Eastern flank of pakka road. Blood had spread below the road. In Para-17, he had stated that he had accompanied the dead body. Sunil Yadav remained at hospital whole night. In Para-18, he had stated that he sustained single firearm injury below his knee. In Para- 19, he had stated that Ram Sharan Yadav had received one injury on his head, which was struck from behind and the cartridge came out through his forehead. In Para-20, he had stated that after sustaining gun-shot injury, Sunil Yadav fell on the pitch road. Ram Sharan Yadav fell down two hands West from Sunil Yadav. Blood was present at both the places.

22. PW-3 had stated that on the alleged date and time of occurrence, he was at his house. After hearing sound of uproar as well as abuse, he rushed towards grocery shop of Suresh Mahto where he saw Adalat Yadav, Anirudh Yadav, Bihari Yadav, Shivji Yadav, Vijay Yadav, Ram Balak Yadav, Neti Yadav, Subodh Yadav and one unknown person armed with pistol having surrounded Ram Sharan Yadav, Baijnath Yadav, Ganesh Yadav and Sunil Yadav. Adalat Yadav had repeatedly forbidden Girdhari Yadav from doing pairvi in the case and further, if he would not accede, then he will be eliminated, fired from his pistol on his head from behind as a result of which Ram Sharan Yadav fell down. Anirudh Yadav also fired. Ram Sharan Yadav died instantaneously. Shivji Yadav, Bihari Yadav, Vijay Yadav fired at Sunil Yadav, Baijnath Yadav and Ganesh Yadav and during course thereof, Sunil Yadav sustained firearm injury over his right leg from the firing made by Shivji Yadav. He had further stated that the occurrence has been committed at the instance of Girdhari Yadav. Thereafter, accused persons ran from there. Police came, prepared inquest report, recorded statement of Sunil Yadav. Then he disclosed the motive by stating that in the Year 2003, Girdhari Yadav and others committed murder of Mahesh Paswan and during course thereof, Ram Sharan Yadav had also sustained injury over his hand. Ram Sharan Yadav was a witness of that case and was also doing pairvi. Subsequently thereof, the accused persons also raided house of Ram Sharan Yadav and made indiscriminate firing as well as exploded bomb and during course thereof, his daughter was killed. He also identified the accused in dock. During cross- examination, he had admitted his status to be full brother of Sunil Yadav. He had also admitted that he also happens to be witness relating to murder of Gango Yadav. In Para-9, he had admitted that since 5-7 years, there happens to be series of litigation amongst his family as well as family of Adalat Yadav. He had denied the suggestion that there happens to be land dispute amongst the parties. In Para-10, he stated that at the time he left his house on hearing alarm, he could not say as to who were present at his house. He had simply heard sound of uproar and not the sound of marpit. His attention has been drawn towards his previous statement that has not been substantiated from the evidence of PW-9, the I.O. In Para-12, he had stated that Adalat Yadav abused as well as also threatened. In Para-13, he had stated that his house lies 5-6 lagga away from the place of occurrence. He had further stated that the shop of Suresh Mahto lies 5-6 lagga away from his house. He had further stated that he is not remembering how many persons have their residential house near about his house. In Para-14, he had stated that when he proceeded from his house towards place of occurrence, he did not meet with anybody. In Para-15, he had stated that it was 5 O‟ clock. When he reached at the place of occurrence, he saw 15-20 persons, who were members of both the parties. He is not remembering the names of others. In likewise manner, he is not remembering the exact number relating to them. Accused persons have surrounded from all side. Subodh Yadav and Neti Yadav covered from Eastern side. Anirudh Yadav, Bihari Yadav, Shivji Yadav and Vijay Yadav were from Western side. He is not remembering the persons, who had surrounded from Northern side. They had not fired in one sequence. He is not remembering how many rounds of firing was resorted to by each of the accused. His family members did not try to move helter and skelter. He along with Dhodho Yadav, Janardan Yadav, Ganesh Yadav, Baijnath Yadav had seen the occurrence hiding themselves. He is not remembering whether others were also witnessing the occurrence in same manner. Dhodho Yadav had concealed himself in Banana cluster. Janardan Yadav was two lagga away North to the place of occurrence. He had taken shelter of a wall of Suresh Mahto. The exact location of others, he is not remembering. Firing was also made at Ganesh Yadav and Baijnath Yadav. He is not remembering whether at the time of occurrence, people had assembled or not. In Para-19, he had stated that P.O. is at the Eastern flank of pitch road lying two lagga West to the grocery shop of Suresh Mahto having boundary:- East-Jago Choudhary, West-Grocery shop of Suresh Mahto, North and South-pitch road. No house save and except grocery shop of Suresh Mahto is lying at the Western side of the place of occurrence. In Para-20, he had stated that he had seen firing having effected from northern as well as western side. Four rounds of firing were made from western side while one round of firing from northern side. Much more rounds of firing was also made, but he is unable to count, again said it went on for 5-7 minutes. In Para-21, he had stated that there were two injuries on head of Ram Sharan Yadav. He had seen one injury over body of Sunil Yadav, which was over right leg. He had not seen injuries of others. In Para-22, he had stated that Ram Sharan Yadav fell down at eastern flank of the pitch road. Sunil Yadav sat north-west from Ram Sharan Yadav at a distance of one hand. Darogaji came at the place of occurrence about an hour. So many persons assembled there, but he is unable to disclose their names. Police seized blood stained earth, but he is unable to say whether pant of Sunil Yadav was seized or not. In Para-28, 29, attention has been drawn up towards his previous statement, but again same has not been confronted to PW-9, the I.O. and so, happens to be worthless.

39. PW-2 is the son of PW-4 Baijnath Yadav. Baijnath Yadav had stated that he along with Ganesh Yadav had gone to Balia Bazar, stayed there and then, returned along with Sunil Yadav and Ram Sharan Yadav. This witness PW-2 had simply stated that on the alleged date and time of occurrence, he was returning along with his cousin brother Ram Sharan Yadav, Sunil Yadav and father Baijnath Yadav. In Para-11, he had stated that he had gone to Balia along with his father. He had not met with anybody at Balia or during midst of way. He had gone to Balia only to stroll. He remained there for one and half hour to 1.45 minutes. In Para-12, he had stated that when he proceeded from Balia, he met Ram Sharan Yadav, Baijnath Yadav and Sunil Yadav. Therefore, from his evidence, it is apparent that Baijnath Yadav was not along with him. His evidence is further to be tested with the evidence of his father PW-4. In Para-2, he had stated that he met with Sunil Yadav and Ram Sharan Yadav in Balia Bazar and then, he along with Ram Sharan Yadav, Sunil Yadav, Ganesh Yadav proceeded towards their house. In Para-10, he had stated that he reached at Balia Bazar at 3.00 p.m. First of all, he reached at Patel chowk and then, had gone to Balia Bazar where he had not met with anybody. In Para-24, he had stated that Ram Sharan Yadav and Sunil Yadav got down from train at Lakhminia station at about 4.45p.m. He had further stated that he met with them at Lakhminia station where he had gone. After staying at the station, he returned to Balia Bazar where he remained one to one an half hour and then, at 4.45p.m., he proceeded there from. Ganesh Yadav was along with him since before. In Para-25, he had stated that he met Ram Sharan Yadav at Balia Bazar at 4.45 p.m. and then, all of them proceeded there from.