SURENDRA CHAUHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) I. A. No. 2064 of 2011 has been filed for the expunction of petitioner nos. 3 and 8 as they are dead. The petitioner no. 3 Etwari Kanjar @ Etwari Katiar died on 8.11.2010 and the petitioner no. 8 Sk. Giyasuddin @ SK Gyas died on 16.8.2004. No one disputes this fact. Let the name of petitioner nos. 3 and 8 be deleted. This interlocutory application is allowed. The accusedpetitioners have preferred this revision application against the judgment and order dated 9.4.2002 passed by the learned 1st Additional Sessions Judge, Katihar in Cr. Appeal No. 5 of 1997 by which the judgment of conviction and sentence passed by the learned trial court has been confirmed and the appeal has been dismissed.

(2.) THE prosecution case, in brief, is that the informant in the capacity of Sikmidar of Plot nos. 222 and 223 having an area of three bighas claiming his possession over the land since long alleged to have been sown and grown maize crops over the land in dispute, but on 2.5.1988 at about 7.30 a.m. all the accused petitioners after forming an unlawful assembly armed with deadly weapons and 25-30 labourers started looting the maize crops standing on the aforesaid land. THE informant Mahavir Chouhan and his nephew Baijnath Chauhan rushed to the field when they are about to reach on the land, one of the accused Sk. Bari fired at them causing gun shot injury in the leg of Baijnath Chouhan. Hearing the sound of firing the villagers started assembling and proceeding towards the place of occurrence, then accused Sk. Bari and Sk. Jabbar again fired from their guns causing pellet injury to Tala Murmur, Jetha Soren and Karu Rishi. Due to causing of said gun injuries the informant and his men could not reach the land in question due to fear and death and getting opportunity the accused persons looted the maize crops and took away after loading on the tractor causing a loss of Rs.4000/-.