JIUT SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Jiut Sah was charged under Sections 307 and 324, IPC whereas appellant Kishori Sah @ Kishori Prasad Sah was indicated for committing an offence under Section 341, IPC by the learned 3rd Additional District & Sessions Judge, Motihari for being tried in Sessions Trial No.47 of 1987 and by judgment dated 27.01.1998 while appellant Jiut Sah was acquitted under Section 307, IPC he was held guilty of commuting the offence under Section 324 and was directed to execute a bond of being good behaviour for a period of two years. Likewise, appellant Kishori Sah @ Kishori Prasad Sah was also held guilty of the offence with which he had been charged and was released after due admonition by the learned Judge. The two appellants have preferred the present appeal against the order of conviction and the sentence which was passed upon them.

(2.) The prosecution case is that there was proceeding under Section 145, Cr.P.C. pending before the Court of an Executive Magistrate, East Champaran, Motihari in between informant Yamuna Sah and accused Jiut Sah. The informant had gone to the Court of S.D.O, Motihari for adducing evidence through his witnesses, namely, Jhingan Sah and Dukhi Sah both of whom have not been examined. It is stated that appellant Jiut Sah saw the informant as his witnesses and left the Court and when the informant was returning with Nigam Sah(not examined) at about 5 p.m. the two appellants were waiting for his arrival and at a place in between the bus stand and the Kutchari Chawk along with the two unknown criminals surrounded the informant and appellant Jiut Sah, saying that his enemy had come and he should be killed, started dealing chaku blows after taking out the weapon from his waist band. The informant stated that he was hit by the blows on his chest, below left side of chest as a result of which he fell down and again the appellant Jiut Sah attempted to give another blow and when the informant attempted to ward the blow off, he got his hand injured. The file relating to the litiga tion also came out of the jhola which the informant was carrying and that was also picked up by the accused persons who kept surrounding the informant. It was stated that an unknown accused was armed with a gun arid he was frightening him during the course of the assault and during that course Yoga Nand and Paras Mishra arrived at the place of occurrence by rickshaw and retrieved the file of litigations from the possession of appellant Kishori Sah @ Kishori, Prasad Sah and also saw the occurrence.

(3.) It was stated by the informant that the reason for the commission of the offence was the same litigation pending before the S.D.M., Motihari in which the informant had got an order in his favour but in spite of that the present set of appellants wanted the informant to relinquish the land in their favour.