BHOLA IOHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Section 325 I.P.C. and sentenced to 2 years rigorous imprisonment whereas the Appellant Nos. 2 and 3 have been convicted under Section 323 I.P.C. and sentenced to 6 months rigorous imprisonment by the learned Sessions Judge, West Champaran at Bettiah in Sessions Trial No. 110 of 1989 by the judgment dated 29/23-9-1995.

(2.) The case of the prosecution is that there was a land dispute between the parties and there was some dispute over shifting of paddy on the disputed lands on account of which on 12.10.1986 the accused persons came to the place of occurrence and whereas Bhola Lohar assaulted Kapildeo Hajam with a lathi on his head, Gena Lohar and Babuanand Lohar thereafter assaulted him.

(3.) Initially the Appellants were charged under Section 307/34 I.P.C. but they were acquitted of the charges and convicted as mentioned above.