BISHWANATH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment and order dated 7-10-1986 passed by 1st AddI. Sessions Judge, Gopalganj in S.T. No. 36/5 of 1986 whereby the appellants have been convicted for the offence under Sections 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life. 2001-3 (549 of 1986) .htrn 8/7/2006

(2.) The prosecution case is that one Khedan Chaudhary gave his fardbeyan a on 17-9-1985 at about 5 p.m. that he along with Jagat Chaudhary. Harihar Chaudhary, Shambhu Chaudhary, Sita Chaudhary, Motilal Chaudhary and bailor Tilak Chaudhary, Parmeshwar Chaudhary, Sangam Chaudhary and Shiv Chaudhary had gone to Court for bail on 16-9-1985. The accused persons also came to the Court. Accused persons returned to their house prior to the informant and his men. While he, along with his men, was returning to their house and came near village Manikpur at about 6 p.m. the accused persons surrounded them. Accused Singhasan Chaudhary ordered to kill. He, along with his men, tried to run away but the accused persons caught Sita Chaudhary and threw him on the ground. Thereafter, the accused persons put a lathi below the neck and also on the neck and pressed causing death of Sita Chaudhary. They also ran to assault them but they ran away.

(3.) On the aforesaid fardbeyan a formal First Information Report was drawn, investigation was taken up and on completion of investigation charge-sheet was submitted. The Court took cognizance and committed the case to the Court of Sessions for trial. The trial Court convicted the appellants as indicated above.