MURLI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Appellants and learned Counsel for the State.

(2.) Murli Chaudhary, Nandan Chaudhary, Naiya @ Naiya Chaudhary, Ram Singhasan Chaudhary @ Singhashan Chaudhary, Ram Keshar Chaudhary @ Keshwar Chaudhary and Ram Nath Chaudhary, Appellants Nos. 1 to 4 and 6 and 7 have been convicted for offence under Sections 307 read with 149 of Indian Penal Code and have been sentenced to under rigorous imprisonment for three years and Musafir Chaudhary, Appellant No. 5 has been convicted for offence under Section 307 and sentenced to undergo rigorous imprisonment for three years and further sentenced to undergo rigorous imprisonment for two years for offence under Section 27 of the Arms Act. Appellant Ram Nath Chaudhary has been sentenced to undergo rigorous imprisonment for two years for offence under Section 324 I.P.C., Appellant Murli Chaudhary, Nandan Chaudhary, Naiya Chaudhary and Singhasan Chaudhary have further been convicted for offence under Section 323 I.P.C. and sentenced to undergo rigorous imprisonment for six months.

(3.) The prosecution case as alleged in the Fardbeyan that Murli Chaudhary, Nandan Chaudhary and Naiya Chaudhary were found uprooting gram crops from the land of the informant Surendra Kumar Singh. His grand father Ramdeo Chaudhary saw the accused persons uprooting gram crops from his land, then he protested. When Surendra Kumar Singh and Ramdeo Chaudhary went at the house of the aforesaid accused persons to lodge a protest then accused persons became furious and started abused and exchange of hot words then accused persons came with lathi bhala and gun. The accused Kailash chaudhary is alleged to have caught Ramdeo Chaudhary and accused Singhashan Chaudhary was alleged to have caught informant Surendra Kumar Singh. Accused Ramnath Chaudhary is said to have inflicted a bhala blow causing bhala injury on the palm of his right hand in between index and thumb finger. The informant also sustained bhala injury on his left hand. It is further alleged that accused Musafir Chaudharyh is said to have fired twice from his country made pistol aiming at the informant Surendra Kumar Singh and his grand father Ramdeo Chaudhary, but they escaped fire arm injury.