KAMLA KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20/7/1987 passed by 5th Additional Sessions Judge. Rohtas in Session Trial No. 376 of 1985 convicting and sentencing the appellant Kamla Kahar to undergo life imprisonment under Section 302 of the Indian Penal Code (in short IPC) and convicting and sentencing remaining appellants namely, Baban Kahar, Murat Kahar and Mala Kahar to undergo rigorous imprisonment for three years under Sections 325/34 IPC.

(2.) The case of prosecution. in short. is that on 14/4/1985 at about 4 p.m. appellant Kamla Kahar took his two bullocks in the Khalihan of informant Ram Janam Ahir (PW-3) situate towards west of village where informant had kept bundles of wheat crop and bullocks started eating wheat from those bundles. The informant raised protest and an altercation took place between him and appellant Kamla Kahar and by that time deceased Nagina Ahir cousin of informant also came there. In the meantime remaining three appellants, namely, Murat Kahar, Baban Kahar and Mala Kabar came there armed with lathis and started assaulting the informant and his cousin Nagina Ahir. Appellant Kamla Kahar assaulted deceased Nagina Ahir with lathi on his head shoulder etc. and informant was assaulted by remaining appellants with lathis on his right hand and left hand and one finger of his right hand was broken and blood started oozing from the little finger of his left hand. Nagina Ahir received bleeding.

(3.) In order to prove its case, the prosecution has examined 5 witnesses. Ram Janam Ahir (PW-3) is the informant. Ram Pyare Yadav (PW-1) is son of informant and is not eye-witness and he on hearing hulla had reached the place of occurrence after occurrence took plaace and he was told about the occurrence by the informant. Dasi Kuer (PW-2) is the mother of deceased and has claimed herself to be eyewitness of the occurrence. Raju Yadav (PW-4) has been declared hostile by the prosecution because he has not supported the case of prosecution and has said that he saw appellant Mala alias Bigru assaulting the deceased with lathi and besides this, he did not see any other assault to any body el.se. Dr. Gyanendra Kumar Singh (PW-5) is a doctor who had examined the informant as well as deceased when deceased was injured and had referred him to Varanasi for further treatment.