LAWS(PAT)-2011-3-40

BECHAN RAI Vs. STATE OF BIHAR

Decided On March 29, 2011
BECHAN RAI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Appellants are aggrieved with the judgment dated 16.3.1994 passed by the 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 290 of 1989/ 123 of 1992, by which he has convicted the Appellant No. 2 Under Section 307 I.P.C. and sentenced him to R.I. for 5 years and addition to pay a fine of Rs. 2000/- in default of which further sentenced to R.I. for one year. He has also been convicted Under Section 148 I.P.C. and sentenced to one year R.I., whereas the Appellant Nos. 1, 3 to 6 are convicted Under Section 323 I.P.C. and sentenced to R.I. for one year and also ordered to pay a fine of Rs. 500/- each in default of which to undergo imprisonment for a period of six months R.I. and they are sentenced to undergo R.I. for six months Under Section 147 I.P.C.

(2.) The case of the prosecution, in short, is that on 21.8.1988 at about 6 A.M. the informant noticed that Palani had been fixed on the disputed lands by the accused persons and when he protested, he was assaulted by the Appellant No. 3 with lathi and thereafter Appellant No. 2 also gave a garasi blow on his head. When P.W.3 and P.W.6 came to save him, they were also assaulted. The further allegation is that the accused persons also committed theft from his house.

(3.) The case of the defence is that in fact P.W.6, the informant, had taken a sale deed from one Prasu Rai, which land had been earlier purchased by the Appellants from one Sohagia Devi and when the informant could not take possession of the land, the present case was instituted to pressurize them into vacating the land. The further case is that for the same piece of land a civil litigation was going on between the parties and in support of the said stand the defence examined three witnesses and proved a number of documents.