SOHAGA RAM AND OTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and sentence dated 20.8.1988 passed by the learned 1st Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 332/27 of 1986 by which the appellant no. 1 was sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years under sections 302 and 148 I.P.C. respectively, the appellant no. 2 has been convicted and sentenced to rigorous imprisonment for two years and rigorous imprisonment for ten years under Section 148 and 326 I.P.C. respectively and appellant no. 3 has been convicted and sentenced to rigorous imprisonment for two years and six months for the offence punishable under Sections 148 and 324 IPC respectively. All the sentences have been ordered to run concurrently.

(2.) The prosecution case, in brief, is that on 25.3.1986 at about 6 p.m. she-goat of the accused Chhabi Ram had strayed in the harvested Masuri crop belonging to one Parsidan Ram which had been spread on an open land north of National Highway No. 30 passing through the village and P.S. Kochas in the district of Rohtas. The wife of Parsidan went to lodge protest with the wife of accused Chhabi Ram. In the meantime, the wife of Sohaga Ram (Appellant No. 1) came out on the road and started hurling abuses. Sohaga Ram also reached there and asked Parsidan Ram to remove his hut which was there on the pretext that the land on which it was constructed belongs to him. This led to some altercation between Sohaga Ram and Parsidan Ram. In the meantime, informant Nand Lal Ram (P.w. 9) arrived there and he also joined the fray. While the altercation was going on, the accused Chhabi Ram arrived there with a lathi and struck the informant who raised alarm attracting his uncle Bachanu Ram (deceased) who tried to persuade the parties not to quarrel. Thereafter, accused Sohaga Ram went to his house and fetched a Bhala and struck with it on Bachanu Ram on his face. Bachanu Ram fell down on being so injured. His brother Sheopujan Ram (P.W. 6) reached there to his rescue. He was also struck by Ramjee Ram (appellant no. 2) with a Bhala on his abdomen. Dular Chand Ram (Appellant No. 3) snatched Bhala from his uncle Ramjee Ram (appellant no. 2) and struck Baijnath Ram (P. W. 3) who got injury on his thigh and waist. Doma Ram also struck Nathuna Ram (P.W. 5), the father of the informant Nand Lal Ram (P.W. 9). On the way to Kochas Hospital Bachanu Ram succumbed to the injury inflicted on him. The remaining two injured Sheopujan Ram (P.W. 6) and Baijnath Ram (P.W.3) were rushed to Sadar Hospital Sasaram where their treatment was made for the injury. The Sub-Inspector Saghir Ahmad (P.W. 10) rushed to hospital and at 6.30 pm. recorded fard beyan (Ext.2) of Nand Lal Ram (P.W. 9).

(3.) On the basis of fardbeyan Kochas P. S. Case No. 15 of 1986 was registered. After investigation charge-sheet was submitted, cognizance was taken and the case was committed to the Court of Sessions. Charges were framed against the accused Doma Ram, Ramjee Ram and Chhabi Ram for the offence punishable under Section 323 IPC, Dular Chand Ram was charged under Section 324 IPC, Sohaga Ram was charged under Section 302 I.P.C. Ramjee Ram was further charged for the offence punishable under Section 326 IPC. The accused Chhabi Ram, Sohaga Ram, Dular Chand Ram, Ramjee Ram and Doma Ram were further charged under Section 148 I.P.C. and all the accused except Sohaga Ram have been charged for the offence punishable under Section 302/149 IPC. The accused denied the charges and claimed to be tried. After trial Ramjee Ram, Dular Chand Ram, Chhabi Ram and Doma Ram were acquitted from the charges under Section 302/149 I.P.C. and the appellants were held guilty and sentenced as aforesaid.