RATISH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) BOTH these appeals arise out of common judgment and order of conviction and sentence and therefore the same have been heard together and are being disposed of by this common judgment.

(3.) THE prosecution case in brief is that on 4 -11 -1979 Rajiv Jha the informant. Bauku Jha was tending buffalo west of the village near the Pokhara and Guni Lal and the informant were also present in nearby mango orchard ami at about 2.00 p.m. accused Laddu Jha of village Rajeshwari came there and enquired why he had grazed his paddy crop and seeing this accused Laddu Jha rushed towards Rajiv Jha to assault him. At this the informant denying the allegation protested which led to an altercation and exchange of abuse between the informant and the said Laddu Jha and thereafter. Laddu Jha went to his house and after sometime the said Laddu Jha with bow and arrow, Lal Jha armed with sword. Anant Jha armed with Bhala. Thakan Jha and Doctor Jha armed with bow and arrow and Basant Jha and Dilip Jha armed with bow and arrow and Bam Jha armed with sword all of village Rajeshwari started rushing to the informant forming unlawful assembly and shouting "Maro -Maro". It is further alleged that seeing the accused -persons coming to the informant, his cousin out of fear came to their Darwaja but accused chased them in front of his Darwaja upto Sahan and accused Niras Jha encouraging the remaining accused asked them to kill Rajiv Jha and the informant, on which Laddu Jha cast an arrow on his bow aiming towards Rajiv Jha, which hit him on the left side of his scalp and accused Ratti Jha alias Ratish Jha assaulted the informant with bow and arrow which hit him in his chest and on hulla raised by him, his brother Bam Jha came to rescue, but accused Bam Jha son of Hire Jha gave him a blow by sword. Accused Thakhan Jha, Dilip Jha and Doctor Jha also injured Bam Jha the brother of the informant by their bows "Maro -Maro". It is further alleged that as soon as the arrow of Laddu Jha hit Rajiv and Bam Jha they fell down unconscious in a pool of blood in front of the Darwaja of the Sahan and on further hulla, the villagers, namely. Jai Narain Jha. Nago Jha. Inderdeo Jha. Mithilesh Jha and others also came and saw the occurrence and identified the accused -persons and they removed the informant and other injured to Koriapatti Hospital, where the condition of Rajiv Jha deteriorated and he remained lying there unconscious. The Jardbeyan of Bauku Jha (PW6), the informant. was recorded by the police on 4 -11 -1979 at 6.15 hours at Koriapatti Hospital, and subsequently injured Rajiv Jha succumbed to the injuries. The police, therefore, registered a case under Secs. 148, 149, 307, 302 and 324 of the Indian Penal Code against the accused -appellants: