BRAHMDEO THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) Two appeals i.e. Cr. Appeal no. 360 of 1998 and Cr. Appeal No. 375 of 1998 have heard together and being disposed by the common judgment as the two appeals arising out of same judgment and order dated 17. 09. 1998, passed by Shri Sarju Prasad, Ist Additional Sessions Judge, Saharsa, in Sessions Case no. 228 of 1989, by which he has been convicted the appellants in Cr. Appeal No. 360 of 1998 for offence under Section 326/149 I.P.C. and sentenced to undergo rigorous imprisonment for three years and further convicted for offence under Section 147 I.P.C. and sentenced to undergo rigorous imprisonment for six months and Cr. Appeal No. 375 of 1998, appellant nos. 2 and 6 have been convicted for offence under Section 326 I.P.C. and sentenced to undergo rigorous imprisonment for three years and further convicted for offence under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for one year and appellant nos. 3, 4 and 5 have been convicted for offence under Section 326/149 I.P.C. and sentenced to undergo rigorous imprisonment for three years and further convicted under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for one year and appellant no. 1 and 3 further convicted for offence under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for one and further convicted for offence under Section 148 I.P.C. and sentenced to undergo rigorous imprisonment for one year. Further convicted for offence under Section 348 and 341 I.P.C. but not sentence.

(3.) The prosecution case as alleged that all the accused persons came with lathi and danda while the informant was going to the north of the village to west of the pond and assaulted the informant on the command of Annadeo Thakur as he obstructed their claim for 'Rasta'. It is stated that prosecution party were claimed 'Rasta' for which a Panchayat was convened, but their claim for 'Rasta' was objected by the informant in view of the fact that by giving of 'Rasta' of 6 hand, there is possibility of breaking houses of some of the persons and so occurrence has taken place.