SRICHAND MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) STATEMENT/Fardbeyan of Banarsi Mochi has been made basis for the F.I.R. which, in brief, is that on the day of occurrence that is on 16.5.1990 at about 12.30 PM the village Chaukidar went to the house of accused Gyanchand Mochi and Srichand Mochi to ask about stolen bicycle. Wives of both accused persons abused him by saying that only informant told him the name of both accused persons. Informant only was at his home. His brother Panchu Mochi had gone to Sakari for diesel.

(2.) AT the time of occurrence, that is at about 9.00 PM the informant was sitting on a bullock cart at his door after taking meal along with his father Asharfi Mochi, his brother Panchu Mochi, Mahabir Mochi and Chaukidar Sita Ram Sadai. In the meantime, accused appellants namely Gyanchand Mochi, Srichand Mochi and Binod Mochi armed with Lathi came there. They began to abuse the informant and others. Chaukidar Sita Ram Sadai protested the accused from abusing with request to not quarrel but was not responded. Accused appellant Gyanchand gave a lathi blow on the head of Panchu Mochi. He fell down from cart on earth. Informant's father laid down on Panchu Mochi in order to save him but was assaulted by Gyanchand Mochi. Accused Srichaned Mochi and Binod Mochi also assaulted the deceased by means of Lathi. Chaukidar also received injuries. Injured Panchu Mochi was taken to Hospital but was declared dead by the doctor. Post mortem conducted on dead body of the deceased.

(3.) ON the point of sentence, it is submitted on behalf of learned Amicus Curiae that main assailant is Gyanchand Mochi appellant of Cr. Appeal No. 963 of 2007 remained in custody for a period of five years and ten months and rest two of Cr. Appeal No. 896 of 2007 remained in custody for a period of near about five months having allegation of causing injuries to the deceased, informant or Chaukidar but the all simple in nature and on non-vital part of the body. So, the period undergone by them may be observed sufficient. I agree with the submission of learned Amicus Curiae.