HARSH BARDHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment of conviction and order of sentence dated 21.6.2001 passed by learned Addl. Sessions Judge I, Sitamarhi in Sessions trial no. 133 of 1987/7 of 2000 by which and whereunder the learned trial court convicted the appellant no.1 for the offence punishable under section 323 of the Indian Penal Code and sentenced him to undergo imprisonment for one year under the above stated section and similarly, convicted the appellant no.2 for the offence punishable under section 325 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and also sentenced him to pay a fine of Rs 2,000/ . In default of payment of fine, he was directed to undergo imprisonment for a period of six months.

(2.) THE prosecution case, in brief, is that P.W. 5, namely, Nawal Kishore Sharma, gave his fardbeyan on 26.12.1985 at about 4 p.m. before officer in charge of Ahiyapur police station at ward no.5 of SKMCH, Muzaffarpur to this effect that land dispute was going on between him and his brother, namely, Yogendra Kishore Sharma as final partition had not taken place between them. On 25.12.1985, his brother went to plough land situated at village Bagai, police station Runisaidpur, district Sitamarhi but he forbade him to plough the land as partition of the aforesaid land had not taken place. His brother agreed and returned from the aforesaid land but again on 26.12.1985, his brother went to plough the land giving threat to kill him, if he made any obstruction in ploughing the land. P.W.5 further stated that he along his son, namely, Sanjeev Kumar, went at the aforesaid land and with an intention to save himself, he kept his licencee gun with him. It is further stated that he stopped his brother and others from ploughing the land upon which his brother Yogendra Sharma, Harsh Bardhan Sharma, Ramashish Rai and Kailash Rai started assaulting him with lathi and farsa as a result of which he sustained injuries on his person and his supporter of gun got separated and fell on the ground which was picked up by Harsh Bardhan Sharma. His son Sanjeev Kumar was assaulted with lathi by Kailash Rai as a result of which he sustained fracture injury on his hand. On being alarm raised, his elder son and other witnesses came there and took them to hospital.

(3.) APPELLANTS and other accused persons were put on trial but in course of trial, two accused persons, namely, Yogendra Kishore Sharma and Ramashish Rai died and the proceeding against them was dropped.