MAHESHWAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the parties.

(2.) All the appellants have been found guilty under Sections 302/34 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment, for life for committing murder of Saroop Thakur.

(3.) Prosecution case, briefly stated, is that on 19.11.1979 at about 9.00 a.m. the informant (P.W. 4), Sukhdeo Thakur, and his father, Saroop Thakur, the deceased, went to cut branches of Shisham trees with their labourer Latu Ram. While Latu Ram was cutting the branches of Shisham trees, the appellants came there armed with lathi and questioned them from cutting the branches of the Shisham tree. There was altercation in between the parties, which resulted into assault by the appellants on Saroop Thakur with lathi. The accused-persons also assaulted the informant. On hulla some of the villagers came there and the appellants fled away. Injured Saroop Thakur was immediately shifted to Baswopatti State Dispensary, where he was given first aid and was forwarded to Darbhanga Medical College and Hospital for further treatment. The fardbeyan of Sukhdeo Thakur (P.W. 4) was recorded at Basopatti by P.W. 6, Saroop Thakur, however, succumbed to the injuries in Darbhanga Medical College and Hospital on the next day, that is, on 20.11.1979.