LUKHAI KAMAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Sections 307/149, 323 and 147 IPC and sentenced to RI for four years, six months and six months respectively but no separate sentence has been passed under Section 447 IPC. Further the appellants No. 12, 15 and 17 have been convicted under Section 148 IPC and the rest under Section 147 IPC but no separate sentence has been passed by the 1st Additional Sessions Judge, Madhubani in Sessions Trial No. 242/91/7/93 by a judgment dated 28.11.1995.

(2.) THE case of the prosecution is that on 04.07.1990 while the informant P.W. 9 was ploughing his fields with the tractor the accused persons arrived there and accosted him. An altercation arose on account of the fact that P.W. 9 was ploughing the said fields and then the appellant No. 15 is said to have hurled a bhala on the informant while the rest assaulted him with lathi and chain and appellant No. 12 is said to have assaulted P.W. 7 with a bhala on the left knee while others assaulted him with lathi and again appellant No. 12 is said to have assaulted P.W. 5 and P.W. 8 when they arrive there for rescuing the informant.