RAJ BALI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 307/34 I.P.C. and sentenced to rigorous imprisonment for 10 years and fine of Rs. 1000/ - each and in default of which further rigorous imprisonment for 1 year in Sessions Trial No. 189 of 1993 by the learned 4th Additional Sessions Judge, Rohtas at Sasaram by the judgment dated 10/16 -5 -95.

(2.) THE case of the prosecution is that on 1.5.1992 at 7.30 a.m. the accused persons variously armed came to the dalan of the informant and there after variously assaulted Jairam Singh P.W. 1 Wakil Chand Singh and Mahendra Singh. Subsequently Mahendra Singh died, on account of which charge sheet was submitted under Section 302/34 I.P.C. and the accused persons were also charged under the same offence but were acquitted of the charges under Section 302 I.P.C. and convicted as mentioned above.

(3.) APART from these witnesses the prosecution also brought on record a number of documents. According to the informant accused Babudhan Choudhary had given a lathi blow on the head of Jairam Singh on account of which he fell down, where after 4 accused persons again assaulted him with a lathi and when Mahadev Singh came to save Jairam Singh he was assaulted by Birendra Choudhary with lathi and Potan Singh was assaulted by accused Babudhan Choudhary , Birendra Choudhary is also said to have assaulted the informant with lathi. The deceased Jairam Singh is said to have been fired at by Niwas Choudhary on the orders of Rajbansh Choudhary, Rajbali Choudhary and Mahendra Singh are also said to have fired at by Niwas Choudhary and Wakil Chand Singh was also fired at by Niwas Choudhary.