DUDHNATH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment of conviction and sentence dated 28.11.2004 passed by Fast Track Court. No.1. Bhabhua in Sessions Trial No. 630 of 1995/214 of 2001. Appellant Bishuni Ram has been convicted u/s. 304 part II as well as 147 of the Indian Penal Code and has been sentenced to undergo R.I. for ten years u/s. 304 part II and R.I. for one year u/s. 147 of the Indian Penal Code. Appellant Dudhnath Ram, Lachhan Ram and Lakshuman Ram have been convicted under Ss. 323 and 147 of the Indian Penal Code and have been sentenced to undergo R.I. for one year on each count. Appellant Deonath Ram has been convicted under Ss. 323/109 and 147 of the Indian Penal Code and has been sentenced to undergo R.I. for one year on each count. All the sentences are directed to run concurrently.

(2.) Prosecution case in brief is that about fortnight before the alleged date of the occurrence the she-goat of the informant Lal Muni Ram (P.W. 3) fell in the field of appellant Dudhnath Ram for which some altercation, took place between both the parties and tention also persisted. On 19.2.1995 at about 10.00 A.M., the informant went to appellant Dudhnath Ram for settlement of the dispute. Other appellants were also present there. The appellant Dudhnath Ram directed them to talk and settle the dispute. However, in course of it, they entered into exchange of hot words. In the meantime, deceased Ramdeo Ram, Ram Murat Ram (P.W. 2) and Hiria Devi (P.W. 4) also came there. Ultimately, on order of Deonath Ram other appellants alongwith one Chhabi Nath Ram fell upon the prosecution party with lathi. Appellant Lachhan Ram, Lakshuman Ram and Dudhnath Ram assaulted the informant Lal Muni Ram and Ram Murat Ram who sustained injuries on various parts of the body. Appellant Bishuni Ram and Chhabi Nath Ram assaulted Ramdeo Ram with lathi on head and other parts of the body. Hiria Devi was also assaulted by appellants. However, with intervention of the villagers life of the informant and others was saved.

(3.) All injured persons were brought to State Dispensary Durgawati for treatment. S.I. N. Pandey of Durgawati RS. recorded statement of the informant in State Dispensary at 5.15 P.M. and registered case under Ss. 341, 323 and 342 of the Indian Penal Code. However, the victim Ramdeo Ram died next day in course of the treatment at Varanasi and accordingly, Sec. 302 was also added. After investigation charge-sheet was submitted under Ss. 302, 325, 323, 147, 148, 149/109 of the Indian Penal Code.