MAUJILAL MEHTA & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the counsel for the appellants and the State.

(2.) The appellant no. 3, Khusilal Mehta, has been convicted under Section 147 of the Penal Code and sentenced to undergo rigorous imprisonment for six months and others convicted under Section 325 of the Penal Code and sentenced to undergo rigorous imprisonment for three years and rest of the appellants are convicted under Sections 147 and 323 and sentenced to undergo rigorous imprisonment for six months and, further sentenced under Sections 325/149 of the Penal Code and sentenced to undergo rigorous imprisonment for three years. However, it has been ordered that all the sentences shall run concurrently.

(3.) The prosecution case, as alleged in the fardbeyan that at 08.30 a.m. on 03.11.1988, the informant asked his cousin brother, Khusilal Mehta to show deed regarding partition by the Panchayati of the ancestral land otherwise he will break the ridge and will consolidate the land on which there was verbal altercation and then Khusilal Mehta came armed with lathi and then the informant started fleeing away and when he reached at the darwaza then he indiscriminately assaulted and when his wife and daughter protested then Maujilal Mehta, Jamuna Mehta, Anant Kumar Mehta and Amod Mehta came and assaulted the wife and daughter causing fracture of clerical bone.