RAMJAS AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ramjas Ahir has preferred this appeal against his conviction under Sections 323/147 of the Indian Penal Code and sentence of six years rigorous imprisonment under the each court. Kesho Ahir and Suraj Raut alias Suraj Kurmi have also preferred this appeal against his conviction and sentence under Sections 323/148 of the Indian Penal Code and sentence of one year each to each under such counts. The other accused persons have been acquitted of the charges levelled against them.

(2.) In short, the prosecution case is that one Jagdish Kurmi being the settlee of the disputed land of Khata No. 2, plot No. 359 from State Government, on 4.5.1975 was getting paddy transplanted along with others. Suddenly 70 -80 persons variously armed with lathi, bhala and garasa came there. Sk. Ishaque (now dead) leading the mob, ordered the mob to kill, thereupon all the members of the mob started assault with lathi, bhala, pharsa and stones. The informant Shankar Sah. P.W. 9 was assaulted by Habibullah with bhala and by Ramjas with a stone. Kesho Ahir assaulted Mama of Jagdish with bhala, Suraj Kurmi assaulted Baijnath with bhala. Ramjas set the school to fire. The informant, identified besides the above named persons, also Dasarath, Bhola, Sk. Wazir, Sk. Adham, Sk. Bagar, Sk. Karmullah, Sk. Habibullah and Munni Lal. Shankar Sah. P.W. 8 gave a written report to the officer -in -charge of Sheikarpur police station on 4.5.1975 which become the basis of the First Information Report, The case was investigated by Chandrama Prasad Singh, A.S.I. (P.W. 12) who after completing the investigation, submitted charge sheet against the appellant and the others. Another first information report (Ext. B) is said to have been filed on 4.5.1975 at about 5 p.m. by one Sanaullah. This has been prove I by P.W. 12 also, the Investigating officer of this case saying that he had also recorded the same. From that counter F.I.R. (Ext. 8), it appears that the informant in that case was claiming his possession over the disputed land. On 4.5.1975 at about 2 p.m. the informant and others of that case had gone to plough the land and were sloughing the same on which Jagdish Kurmi reaching there orderred to assault two persons, namely, Sk. Adhara and Habibullah sons of Rahmatulla and Sudan Mian respectively who are said to have died in this case. D.W. 1 Sk. Sadique has been examined by the defence to prove two injury reports, Exts. A and Al.

(3.) The prosecution, in support of its case, has examined 16 witnesses namely, Janak Raut, Keshwar Raut, Shankar Raut, P.Ws. 1, 2 and 3 out of whom P.Ws. 2 and 3 are injured. P.W. 4 Rameshwar Raut has been tendered. Sugandhi Raut, Baijnath Raut, Shankar Sah. P.Ws. 5, 7 and 9 are other injured eye -witnesses. Besides, them, Fuldeo Raut and Jagdish Kurmi P.Ws. 6 and 10 are the eye -witnesses. P.W. 11 Dr. Jogesh Kumar had examined the injured and has submitted the injury reports Ext. 1 series. P.W. 12, Chandrama Prasad Singh, is the Investigating Officer of this case. One Md. Hafiz, P.W. 13 is a formal witness, who has submitted the charge sheet in both the cases. Gopal Prasad, Jagamath Prasad and Hira Pandey P.Ws. 14, 15 and 16 are other formal witnesses.