RAMESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted Under Section 323 I.P.C. and sentenced to R.I. for six months and the Appellant Nos. 1 and 2 have further been convicted Under Section 435/34 I.P.C. and sentenced to R.I. for five years and the Appellant No. 3 has also been convicted Under Section 435 I.P.C. and sentenced to R.I. for five years by a judgment dated 3.4.1996 and 6.4.1996 passed by the 1st Additional Sessions Judge, Bettiah, West Champaran in Sessions Trial No. 399 of 1992/ 12 of 1995.

(2.) The case of the prosecution according to the informant is that on 3.1.1992 at about 10 A.M. when the Appellants were erecting palani over gairmazarua land adjacent to the house of the informant after removing the wood kept by the informant, his wife objected to it, but the accused persons got enraged and assaulted him as also set fire to the palani, on account of which it was burnt to ashes.

(3.) The defence of the Appellants was that there was a counter version of this occurrence and in fact the occurrence had taken place in a different manner and it was the prosecution, which was the aggressor. In the counter version the Appellants claimed that both sides had sustained injuries and in fact on account of the same one person from the accused side had died, due to which Mohan Yadav was also later convicted Under Section 304 Part II I.P.C.