SUNDAR KAPRI AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant No.1 has been convicted under Sections 148 and 307 Penal Code and sentenced to RI for three years and seven years and appellant Nos. 3 to 6 have been convicted under Sec. 323 Penal Code and sentenced to RI for six months and the appellant Nos. 2 to 6 have also been convicted under Sec. 147 Penal Code and sentenced to RI for one year whereas all the appellants have been convicted under Sections 452 and 380 Penal Code and sentenced to two years RI under each count by the 5th Additional Sessions Judge, Bhagalpur in S.Tr. No. 243 of 1986 by a judgment dated 23.12.1996.

(2.) The case of the prosecution according to P.W. 2, Gobardhan Kapri, the informant is that on the night of 23/24.07.1984 while he was sleeping in his house along with his uncle P.W. 3, Sudin Kapri and his son P.W. 4, Balram Kapri in the courtyard his neighbours came to his house and asked P.W. 3, Sudin Kapri as to why he did not allow them to plough the fields at which the uncle stated that the panches had decided not to plough the fields. At this the accused persons who were variously armed got enraged and then Sundar Kapri threw a bomb which hit at the hand and left cheek of P.W. 3, Sudin Kapri on account of which he became injured and the accused thereafter started to commit theft of household articles. When P.W. 1, the aunt of the informant protested she was assaulted by Sardari Kapri and Deep Narain Mandal. The appellant Shankar Kapri is said to have given a lathi blow on the head of the cousin of the informant namely Balram Kapri, P.W. 4. The reason for the occurrence was that some litigation on account of land was going on between the parties in Court.

(3.) During trial the prosecution in all examined nine witnesses out of whom P.W. 1, Chania Devi is the aunt of the informant whereas P.W. 2, Gobardhan Kapri is the informant. P.W. 5 is the Doctor Devendra Singh who examined the injured Sudin Kapri, P.W. 3, Chania Devi, P.W. 1, P.W. 4 Balram Kapri, P.W. 7, Baisakhi Mandal, P.W. 8, Jugal Thakur and P.W. 9, Rohin Kapri are the neighbours of the informant who came on alarm of the informant have been tendered by the prosecution whereas P.W. 6, Samir Kumar Sinha is a formal witness. P.W. 7, Baisakhi Mandal stated that when he came to the house of the informant he saw the three injured but none of them disclosed any names of them at which he was declared hostile.