MURLIDHAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant learned counsel for the State.

(2.) The appellant has been convicted for offence under Section 307 I.P.C. and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo further simple imprisonment for four months.

(3.) The prosecution case as alleged in the Fardbeyan by the informant Bateshwar Jha that on 28. 07. 1993 at about 2.30 P.M. he along with Chandra Shekhar Thakur, Suresh Thakur, Shyam Kishore Thakur, Prakash Jha and Arhulia Devi was going to Saharsa for treatment of Chandra Shekhar Thakur and about 3 P.M. when they reach at Jhitkia Ghat then 6-7 persons were armed with bow, arrow, lathi and Farsa ran towards them. Accused Murlidhar Thakur shot at arrow which penetrated into the body of Suresh Thakur piercing through his hydrocele (scortum) and injured Arhulia Devi by shooting arros on her left writ. Accused Bhagwan Thakur brandished lathi on Suresh Thakur and Shyam Kishore Thakur due to which Suresh Thakur unconscious. Dharnidhar Thakur blowed a farsa on Shyam Kishore Thakur from which left hand finger was cut and Bhagwan Thakur beat Shyam Kishore Thakur variously by lathi due to which he also became unconscious. He also fell down Arhulia Devi by beating her with lathi. Accused Rajendra Jha and Tuntun Jha were also moving lathi. All the three accused persons assaulted by lathi and injured Chandra Shekhar Thakur and Jai Prakash Jha. When Shyam Kishore Thakur fell down after unconscious accused Murlidhar Thakur took away Rs. 4,000/- The motive of the alleged occurrence is land dispute of village- Balia with regard to the Rasta and on the morning on 28. 7. 1993 there was dispute about Rasta.