RAM PUKAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted Under Section 323 I.P.C. and sentenced to R.I. for six sentenced to R.I. for one year by the 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 344 of 1989 by a judgment dated 27.3.1995.

(2.) THE prosecution case is that there was a land dispute between the parties and when the informant had gone to his field on 25.8.1988, the accused persons protested and asked him to go away and when he refused, he was assaulted as also his umbrella and wrist watch etc were taken away by the accused persons. Initially the Appellants were charged Under Sections 307/149 and 379 I.P.C. but they were acquitted of the charges and convicted as mentioned above.

(3.) ON behalf of the defence D.W.1 was examined, who stated about the falsity of the prosecution case and the fact that there was land dispute between the parties. D.W.2 is also on the same count. A number of documents were also produced by the defence to show that there was active land dispute between the parties.