RAM PRAVESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT has been submitted that Appellant Nos. 1 and 8, namely, Ram Pravesh Sharma and Jagdam Sharma have died during the pendency of this appeal and, therefore, their appeal has become infructuous in so far as it relates to them. It is dismissed as such.

(2.) APPELLANT Nos. 1, 2, and 7 have been convicted under Section 324 Indian Penal Code and sentenced to undergo rigorous imprisonment for six months, Appellant Nos. 4, 5, 6 and 8 have been convicted under Section 323 Indian Penal Code and sentenced to undergo simple imprisonment for three months, Appellant Nos. 4, 5 and 8 were further convicted under Section 147 Indian Penal Code and sentenced to undergo simple imprisonment for three months, Appellant Nos. 1, 2, 3, 6 and 7 have been convicted under Section 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for three months by the 4th Additional Sessions Judge, Jehanabad, by judgment dated 8 th May, 2000, in Sessions Trial No.793 of 1992/32 of 2000.

(3.) THE case of the Informant is that on 23.11.1988 at about 6 AM when the father of the Informant, Ramesh Sharma, had gone to his field to over -see the work being conducted there and he was at home, he heard sound of alarm at which he came out and went to the place of occurrence. He found Appellants variously armed surrounding his father and abusing him. Thereafter, Appellant No.1 ordered to assault but his father started running at which they caught him and assaulted him variously on account of which he was injured. He gives graphic description as to how and with what weapon each of the Accused assaulted his father. Thereafter, the accused persons committed theft of paddy lying in his fields. Since his father was senseless, he could not give his statement. Instead, the Informant instituted the present case. The reason for the occurrence was land dispute.