CHURAMAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants of Criminal Appeal No.147 of 1995 have been convicted u/s.307/149P.C. and sentenced to R.I. for seven years as also u/ss.147, 326 and 148 I.P.C. but no separate sentence has been passed and the appellants of Criminal Appeal No.149 of 1995 have been convicted u/s.307/149 I.P.C. but except appellant no.7 all of them have been sentenced to R.I. for three years, whereas the appellant no.7 has been sentenced to six months R.I. In addition appellant no.4 has also been convicted u/ss.326/148 and other appellants u/s.147 I.P.C. but no separate sentence has been passed by the 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No.120 of 1987 by a judgment dated 26.7.1995.

(2.) THE prosecution case is that when the informant (P.W.5) was taking water for purposes of irrigation, the accused persons variously armed came there and appellant Bijay Yadav is said to have assaulted with farsa on his head. THEreafter co- accused Shibu Yadav assaulted him with a bhala on his left arm. THE rest of the accused persons assaulted him with lathi. Appellant Churamani Yadav is also said to have assaulted the informant with farsa on his head.