BANBARI MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT nos. 1, 2 and 4 have been convicted under sections 307 read with 149 Indian Penal Code and sentenced to undergo rigorous imprisonment for four years, further appellant nos. 1 and 4 have also been convicted under section 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. APPELLANT no.5 has been convicted under sections 324 and 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for two years under both counts. Further appellant no.3, 7, 8 and 6 have been convicted under section 323 and 147 Indian Penal Code and sentenced to undergo simple imprisonment for six months under each count, appellant nos. 2 and 6 have also been convicted under section 323 Indian Penal Code and sentenced to undergo simple imprisonment for six months. Further appellant no.6 has also been convicted under section 447 Indian Penal Code and sentenced to undergo simple imprisonment for six months by the 3rd Additional Sessions Judge, Madhubani, in Sessions Trial No.96 of 1989, by judgment dated 23.04.1996. All the sentences were ordered to run concurrently.

(2.) THE prosecution case is that on 16.06.1987 at 7.30 AM when Bhola Mahato protested on the ploughing of land by the appellant no.4 and 6, an altercation arose between them and then Bhola Mahto is said to have been assaulted by the accused persons. When the informant went to intervene in the matter, he was also assaulted. THE genesis of the occurrence is land dispute between the parties.