KESHA NAND CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of the three appellants, appellant Ram Jatan Choudhary is reported dead and as such his appeal abates.

(2.) The remaining two appellants along with the deceased appellant Ram Jatan Choudhary stood charged under Sections 302/34 and 323/34 of the Penal Code and were tried by the learned 4th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 291 of 1981 and by the judgment delivered on 25th of May, 1988 appellant No. 1 Kesha Nand Choudhary was found guilty of committing offence under Section 302 of the Penal Code. The remaining two accused, i.e., appellant Jai Ram Choudhary and deceased Ram Jatan Choudhary were acquitted under Section 302 of the Penal Code but were held guilty of committing offence under Section 323 of the IPC and they were directed to be released under Section 360 of the Cr.P.C. on execution of a bond of Rs. 2,000/- with one surety. The appeal was preferred by the three convicted accused who challenged the findings and the sentence/order passed upon them.

(3.) Fardbayan of informant Ram Chandra Ram (P.W. 5) is the basis of instituting the FIR Ext-2 of the case. It was alleged that the informant and the deceased alongwith others were harvesting onions from a field which had been leased out to the informant by one Ramchela Yadav. The appellant Kesha Nand Choudhary happened to be grazing his buffaloes just by the side of that particular field in which the informant had also grown creepers and plants of different vegetables. Appellant Kesha Nand Choudhary is said to have brought his buffaloes in some part of the field bearing vegetable plants and is further alleged to have grazed them. The informant stated that he forbade him to do it upon which appellant Kesha Nand Choudhary lost his temper and started hurling abuses upon P.W. 5 Ram Chandra Ram and warned him of reaping bad consequences, on account of which appellant Kesha Nand Choudhary called his brother appellant Jairam Choudhary and the other appellant Ram Jatan Choudhary, who came and appellant Kesha Nand Choudhary remonstrated to assault and himself dealt a lathi blow on the head of Jokhan Ram, the son of the informant as a result of which it started bleeding from his head. Jokhan Ram fell down there upon which the remaining two appellants dealt blows on different parts of his bodies. When Sheo Bhukhan Ram, the brother of the informant attempted to intervene, he was also assaulted by appellant Jai Ram Choudhary with lathi on both his upper limbs. The informant was also assaulted and he was hit on his arm.by lathi on account of trying to save himself.