KASHINATHLALSINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal ia directed against the judgment and order dated 2nd May, 1988, passed by the 5th Addition Sessions Judge, Rohtas in S. T. No. 1470/79. There are two appellants in this appeal. Appellant No. 1 (Kashinath Lal Sinha) has been convicted for the offence under Sections 302 and 324 of the Indian Penal Code and sentenced to undergo R. I. for the life and three years, respectively. Appellant No. 2 (Lalbalu alias Surendral Lal Sinha alias Surendra Kr. Srivastava) has been convicted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, and sentenced to undergo R. 1. for life and three years, respectively. However, the sentences in case of both the appellants have been directed to run concurrently.

(2.) In this case the F. I. R. (Ext. 6) was drawn up on the basis of the Fard Beyan (Ext. 4) which was lodged by Manika Devi (P.W. 11-A). According to the Fard Beyan (Ext. 4) on 23-10-1978 at about 12 noon both the appellants came to the miscellaneous shop of the brothers of the informant. Appellant No. 1. was having a Bhala in his hand whereas appellant No. 2 was having a country made pistol. Appellant No. 1 entered into the shop and assaulted the uncle of the informant, namely, Rameshwar Lal with bhala on chest, stomach and on the wrist of right hand. He also assaulted the two brothers of the informant, namely, Ram Chandra Lal(P.W. 3) and Bhatat Lal (P. W. 9) on their Panjra ard stomach, respectively. Further case of the prosecution is that during the course of the occurrence, appellant No. 2 remained standing at the entrance of the shop with a pistol in bis hand. On hulla being raised many villagers assembled there and earned all the three injured persons to Natwar hospital. But Rameshwar Lal succummed to the injuries on the way to the hospital. Since, at Natwar hospital the doctor was not available, therefore, after first and by the compounder both Ram Chandra Lal (P. W. 3) and Bharat Lal (P. W. 9) were taken to Patna for treatment.

(3.) According to the informant, as disclosed by her in the Fard Beyan, since her uncle Rameshwar Lai (deceased) bad no issue, therefore, he was residing with her two brothers, P. Ws. 3 and 9 who used to look after him. As a consequence, Rameshwar Lal (deceased) executed a registered Deed of gift in favour of P. Ws. 3 and 9 in respect of his 21/2 Bighas of agricultural land as well as a residential house. This caused annoyance to the appellants, who are eons of Muneshwar Lal, elder brother of the deceased Rameshwar Lal. As per the Fard Beyan of the informant 15-20 days prior to the date of occurrence there was some altercation between the appellants and the deceased with respect to the executicn of the aforesaid Deed of gift.