BISHWANATH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four appeals are directed against the Judgment of conviction and Order of sentence dated 21.10.2005 passed by the Additional Sessions Judge, Fast Track Court No.II, Samastipur, in Sessions Trial No.191 of 1999/47 of 2005, whereunder appellants, Vidyanand Sharma, Ramanand Sharma, Arun Kumar Sharma and Sachidanand Sharma, were found guilty for the offence under Sections 147, 323 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for the offence under Section 147 of the Indian Penal Code, for six months for the offence under Section 323 of the Indian Penal Code and five years for the offence under Section 307 of the Indian Penal Code, whereas appellants, Bishwanath Thakur, Kamal Sharma and Amresh Kumar Pankaj, were found guilty for the offence under Sections 148, 324 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years for the offence under Section 148 of the Indian Penal Code, for two years for the offence under Section 324 of the Indian Penal Code and for seven years for the offence under Section 307 of the Indian Penal Code. However, all the sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, on 17.9.1996 at about 7.30 A.M., the informant, Ramesh Prasad Sharma (P.W.5) alongwith his brother, Kameshwar Sharma (P.W.2) were preparing the challan to deposit the cash and cheque of the L.I.C. at chowki in front of the house. All of sudden, appellant, Bishwanath Thakur armed with spear, appellant, Sachidanand Sharma armed with pistol, appellant, Kamal Sharma armed with farsa, appellants, Vidyanand Sharma Ramanand Sharma and Arun Kumar Sharma, armed with lathi came there. Appellant, Bishwanath Thakur, ordered to kill on which appellant, Sachidanand Sharma, fired from his pistol but the same did not hit his brother. In the meantime, appellant, Kamal Sharma, gave a farsa blow at him causing injury on his back. Appellant, Amresh Kumar Pankaj, gave a farsa blow on his head with an intention to kill him but he bent his head towards left side, as such farsa hit on his right shoulder causing cut bleeding injury. Thereafter, appellants, Vidyanand Sharma and Ramanand Sharma, brutally assaulted his brother, Kameshwar Sharma (P.W.2). Thereafter, appellants, Vishwanath Thakur and Arun Kumar Sharma, took away the bag, cash and L.I.C. paper from the Chowki. The cause of occurrence, as stated by the informant, is to be the land dispute.

(3.) THE police on investigation of the case submitted the chargesheet dated 30.11.1997 under Sections 147, 148, 149, 323, 324, 447 and 307 of the Indian Penal Code and, thereafter, the case was committed to the court of sessions for trial, where charges were explained to the accused -appellants, who pleaded innocence.