NARENDRA KUWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants No. 1, 2 and 3 have been convicted under Section 307 IPC and sentenced to RI for ten years whereas appellant No. 4 has been convicted under Section 323 IPC and sentenced to RI for one year by the 5th Additional District & Sessions Judge, Begusarai in Sessions Case No. 22/1989 by a judgment dated 28.11.1997.

(2.) The case of the prosecution according to P.W. 1, Ramnaresh Kuwar is that on 04.10.1987 some exchange of hot words took place between the parties Narendra Kuwar and Dharnidhar Kuwar for construction of a passage. At that time the informant had gone to Diyara and when he returned he obstructed Narendra Kuwar to do so on account of which he assaulted on the head of the informant with the butt of the pistol whereas Pravin Kumar assaulted 2 him with a brick and Chandramani Kuwar assaulted with a bhala which hit on the right hand of the informant and Ram Chander Choudhary assaulted Dharnidhar Kuwar by means of lathi.

(3.) The defence pleaded that in fact on 04.10.1987 at about 8 A.M. the accused Narendra Kuwar was removing bricks from his house which was objected by Dharnidhar Kuwar but the matter subsided after exchange of hot words. Later the informant, Ram Naresh Kuwar, Dilip Kuwar and Kamla Kishore Kuwar all armed with countrymade pistol arrived at the place of occurrence and the informant is said to have fired which hit on the head of Narendra Kuwar for which incident Bachwara P.S. Case No. 92/87 is instituted against the informant and others.