SHIVA SHANKAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant nos.1, 2 and 4 have been convicted u/ss.147 and 427 I.P.C., whereas the appellant no.3 has been convicted u/ss.148, 427 and 324 I.P.C. and whereas appellant nos.1, 2 and 4 have been sentenced to S.I. for one month under each count and the appellant no.3 has been sentenced to S.I. for one month, two months and three months respectively by the 1st Additional Sessions Judge, Samastipur in Sessions Trial No.198 of 1990/ 81 of 1996 by a judgment dated 10.9.1997.

(2.) THE case of the prosecution according to the informant P.W.7 Rukmini Devi is that the occurrence took place on 13.11.1985 at about 12 Noon when the four appellants came to her house variously armed and started cutting down guava and banana plants, she objected then she was chased by the accused persons. She however ran to her house to save herself but the appellants also entered her house and assaulted her with lathi, danda and chhura.

(3.) P.W.6 Pitambar Rai, the next eye witness, is a chance witness, who stated that while he was going to village Shekhpur he saw the occurrence. He in paragraph 5 admitted that he had taken she-buffalo of Raukmini Devi on Batai. P.W.5 Ranjeet Thakur is the son of the informant, who gave a hearsay account since he was away at work at the time of occurrence.