HAZARI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment of conviction and sentence order dated 10.10.2001 passed by learned Addl. Sessions Judge II, Madhubani in Sessions trial no. 78 of 1995/299 of 2000 by which and whereunder he convicted the appellant no.1 for the offence punishable under section 326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and fine of Rs 500/- was also imposed upon him for the above stated section and in default of payment of fine he was further sentenced to undergo rigorous imprisonment for one month. The learned Additional Judge also convicted the appellant nos. 2 and 3 for the offence punishable under section 323 of the IPC and sentenced them to undergo rigorous imprisonment for six months under the aforesaid section.

(2.) All the above stated appellants and co-accused Savitri Devi and Shiv Shankar Das were acquitted of the charge framed under sections 307/149 of the IPC and furthermore, co-accused Savitri Devi was acquitted of the charge framed under section 435 of the IPC whereas Shiv Shankar Das was acquitted of the charges framed under section 379 of the IPC and 27 of the Arms Act by the impugned judgment.

(3.) In brief, the prosecution case, is that P.W. 7, Matar Sadai on 6.5.1994 at about 4.45 p.m. gave his fardbeyan to ASI of Bisfi police station to this effect that on the same day at about 7 a.m. appellant no.1 Hazari Das along with some labourers was fencing the land situated at southern eastern corner of a pond. He further stated that villagers used the aforesaid land as Rasta and when he asked appellant no.1 as to why he was fencing the aforesaid Rasta, appellant no.1 became furious and started abusing him and ordered others to kill him. Appellant no.1 went to his home and returned along with rest appellants and other accused having armed with lathi and farsa and all the aforesaid persons started assaulting him and in that course, appellant no.1 gave farsa blow on his neck with intent to kill him as a result of which he sustained injury on left side of his neck and blood started oozing out. He fell down on the earth and in the meantime, accused Shiv Shankar Das tried to shoot him with his pistol but he missed his fire. The aforesaid accused took out some cash from his pocket. In the meantime, Savitri Devi went running to her home and brought kerosene oil and match box and set the bundles of wheat and Narkat on fire. Appellant no.1 also cut papaya tree. The aforesaid occurrence was witnessed by Prayag Rai, Rajendra Das, Mantu Mahto, Ajay Kumar and Banarsi Das. After the aforesaid occurrence, he was brought to hospital where his treatment was done.