PRIYABARAT MUKHIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants have been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for nine months each.

(2.) Prosecution case is that on 10-10-1970, which was Dashera day, informant Sifat Lal Jha (P. W. 6) was returning to his village Khajuri at about 12 noon after worshipping the goddess at Tara Asthan. When the informant reached the river known as Kairi Dhar in village Kulharia, all the 8 accused persons who were catching fish in the river, all of a sudden rushed and surrounded him saying that the (informant) was causing harassment to them in litigation. They were armed with lathi and Muogara. At the instigation of accused Bhagwat Mukhia they all caught hold of him and began to assault him by means of lathi, Muogara, kicks and fists. On receipt of assault he (informant) fell down and thereafter accused Jogendra Mukhia took out a sum of Rs. 210/- from his upper pocket and likewise Choudhary Mukhia also snatched his wrist watch worth Rs. 100/-. The other accused persons also removed his clothes, umbrella, spectacles and shoes. The accused persons with an intention to kill and finish him lifted him and threw him in a paddy field nearby where at the instigation of accused Bhagwat Mukhia accused Horil Mukhia began to take out his eyes by means of a knife and accused Sarjug Mukhia, Chaudhary Mukhia and Jogendra Mukhia began to press his neck. His cry attracted the presence of witnessess Indra Narain Jha (P. W. 5). Hare Krishna Thakur (P. W. 1), Fuleshwar Jha alias Ful Jha (P. W. 10). Parsuram Mishra (P. W. 11) and Sheonandan Mishra (P. W. 7) and then the accused persons fled away. The aforesaid witnesses carried the informant in injured condition first to his house and then to Sadar Hospital. Saharsa where he was admitted and treated, In the Sadar Hospital Saharsa. his fardbeyan (Ext. 2) was recorded by Tarkeshwar Prasad, A. S. I. of Saharsa police Station at 9 hours on 11-7-1970 and on the basis thereof regular case under Sections 147, 148, 379 and 307 I. P. C. was registered at Bakhtiarpur police station and a formal F. I. R. (Ext. 3) was drawn up. On completion of investigation, the police submitted chargesheet against all the accused persons. Usual enquiry under Chapter XVIII of the old Code of Criminal Procedure was held and the accused persons were committed to the Court of session to stand their trial. Charges under Sections 147., 379 and 307 I. P. C. were framed against all the accused persons and charged under Sections 323 and 148 I. P. C. was framed against accused Horil Mukhia.

(3.) Defence of the accused persons was complete denial of the occurrence. It appears that it was urged on behalf of the accused persons that taking advantage of the fact that there was assault on the informant at the hands of some unknown culprits, the informant falsely implicated the accused persons.