MUNDRIKA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) It has been submitted that the appellant nos.1, 2 Prakash, J:

(2.) All the appellants have been convicted u/s.307/34 I.P.C. but whereas appellant no.1 was sentenced for three years the rest of the appellant was sentenced to R.I. for five years. Appellant nos.3 and 5 have further been convicted u/s.323/34 I.P.C. and sentenced to R.I. for six months by a judgment dated 23.8.1997 passed by the 8th Additional Sessions Judge, Patna in Sessions Trial No.370 of 1990.

(3.) The case of the prosecution according to the informant Dr. Shyama Prasad, who was a Homeopathy doctor, is that while he was examining his patients on 24.9.1989, appellant Mundrika Yadav came to his clinic with a lathi and asked him for a sum of Rs.5000/-. The informant refused, at which appellant Suraj Yadav armed with a farsa, Seetal Yadav armed with an iron rod, Mithilesh Yadav armed with a bhala, Surendra Yadav with a lathi and ramesh with a lathi came and started variously assaulted him. When his son Om came to save him, the accused persons also assaulted him and also committed mischief and theft of articles kept in his clinic.