UMESH PRASAD AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307/34 I.P.C. and sentenced to R.I. for five years by a judgment dated 18.1.2002 and 22.1.2002 passed by the 5 th Additional Sessions Judge, Aurangabad in Sessions Trial No.244 of 1994/50 of 2001.

(2.) The case of the prosecution according to Informant Laldeo Thakur is that his house was situated adjacent to that of Appellant Umesh Prasad, which had fallen down since last six months. He and his son Karpuri Thakur were constructing the Mud wall over the said house. Suddenly on 20.3.1994 at about 2 P.M. Appellant Umesh Prasad reached there and forbade him from constructing the wall. When the Informant protested, he and his son were abused and Appellant started throwing bricks and tiles from their house, on account of which the Informant and his son ran into their house to save themselves. Then the accused persons came variously armed and started to assault the Informant and his son, on account of which they sustained serious injuries.

(3.) During trial the prosecution examined seven witnesses in all. Out of whom, P.W.1 Janeshwar Singh has stated that while he was at his house, he rushed to the place of occurrence and found the accused persons acting in a highhanded manner. He narrated the occurrence as given out by the Informant and that the Appellants had assaulted both the Informant and his son. During cross examination he stated that when he reached the place of occurrence he had seen the Informant and his son lying injured meaning thereby that he was not an eye witness to the occurrence.