KHOPRI MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE three appellants were charged under Section 313 IPC for being tried by the learned 2nd Additional Sessions Judge, Munger in Sessions Case No.629 of 1985. By judgement dated 12.01.1994 they were found guilty of committing the above offence and after being heard under Section 235 Cr.P.C. each of the three appellants was directed to undergo rigorous imprisonment for seven years as also to pay a fine of Rs.1,000/- and in case of default in making the payment of fine each of them was further directed to suffer rigorous imprisonment for three months. THE appellants have preferred the present appeal to question the propriety and correctness of the judgment of conviction and the sentences passed upon each of them.

(2.) THE prosecution case is contained in the fardbeyan (Ext-3) of Kabitri Devi(P.W.4) recorded on 19.07.1985 at 9.30 P.M. It was stated by P.W.4 that she was a resident of Ramtalli Gunj where she had some agricultural land and she was carrying out agricultural operations there. Her Pattidars were creating trouble to her and wanted to oust her from her properties as her father had turned old and her only brother was a physically handicapped person.

(3.) CONSIDERING the evidence of above witnesses, the learned trial Judge held the appellants guilty and passed sentence upon them as indicated at the very outset of the present judgment.