NANHU KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 5 April ,1968 of the High Court of Patna setting aside the order of acquittal passed by the Session Judge, Chapra and convicting Nanhu Kahar under section 326 of the Indian Penal Code. and sentencing him to undergo rigorous imprisonment for one year.

(2.) There were three accused Hikayat Kahar, Shanti Devi and Nanhu Kahar. The alleged occurrence took place at about noon on 22 September, 1964 at a field m village Bikrampur, Police Station Marhowra, District Chapra in Bihar. Nagendra Prasad Singh was a co- sharer landlord of the village and he was in possession of 27 kathas prior to and also subsequent to the vesting of the Zamindari in the State of Bihar. Nagendra Singh had grown maize and other crops m an area of 6 kathas m the northern portion of the 27 kathas. On the crucial date when Nagendra Singh along with his labourers went to the plot his brother Rajendra Singh also came there. Harvesting of maize was going on. The accused turned up. Hikayat and his wife Shanti Devi were armed with Lathis. Nanhu was armed with a sword. Hikayat ordered assault and inflicted a lathi blow on the abdomen of Nagendra Singh. The blow with sword was aimed by Nanhu Kahar at the head of Nagendra Singh. Nagendra Singh warded off the blow with the help of his hand. His hand was cut. Several other sword blows were inflicted and Nagendra Singh fell down and become unconscious. His brother Rajendra Singh went to his rescue. He was given some" lathi blows by Hikayat and his wife, and blows with sword by Nanhu Kahar. Nagendra Singh and Rajendra Singh were taken to the dispensary, finding the condition of Nagendra Singh serious a dying , declaration was recorded. Nagendra Singh was sent to Patna Medical College Hospital.

(3.) The accused were after investigaiion charged with offences under sections 307, 37/109, 326/323 and 34 of the Indian Penal Code.