HARI MUKHIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal is so preferred by the above-named accused-appellants under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and sentence so passed by the learned 3rd Addl. Sessions Judge, East Champaran, Motihari, dated 23rd day of August, 1989 in S. Tr. No. 61 of 1985/130 of 1987 by virtue of which the learned Court below, it transpires, has convicted all the accused-appellants under Sections 304-Part 11/149 of the Indian Penal Code as also under Sections 147,447 and 323 of the IPC. After convicting the accused-appellants thereunder it further transpires that for the offence committed coming under the purview of Sections 304-Part 11/149, IPC, the accused-appellants are sentenced as to undergo rigorous imprisonment for seven years under Section 147, IPC for one year, under Section 443, IPC for three months and under Section 323, IPC for one year each. The sentences so imposed are, however, directed to run concurrently.

(2.) The prosecution case, in short, as coming from the mouth of Rambrich Mukhia, the first informant (PW 6), is that on 18.3.1984 in the evening hours, he was at his door with his brother Bhawan Mukhia (PW 2), father Harif Mukhia (since deceased) and mother Ghogha Devi when first accused-appellant, namely, Hari Mukhia figuring here as appellant No. 1, approached with lathi in his hand and assaulted informant's mother Ghogha Devi on her head, because of the injuries sustained, she fell down to which the informant's brother Bhawan Mukhiya and his father Harif Mukhiya objected. In the meantime, as per the prosecution case, other accused-appellants surrounded them armed with lathi, bhala and also started assaulting the informant (PW 6) his brother Bhawan Mukhiya (PW 2) and his mother Ghogha Devi. It is also the specific case of the prosecution that in that course, the informant's father Harif Mukhiya was also assaulted by accused-appellants as a result of which he got unconscious and was admitted in the hospital and as a result of the injuries so sustained by him the informant's father breathed his last on 25.3.1984. The motive behind is also detailed in the fardbeyan so marked as Ext. 1 to be the long-drawn animosity so coming on.

(3.) After investigation charge-sheet was so submitted, cognizance of the offence was so taken and the case record was so committed to the Court of Sessions. Charge was so framed against the accused-appellants under Sections 302/149, IPC read with other allied Sections of the IPC. The accused-appellants pleaded not guilty and claimed to be tried.