BALESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 307/34 and 448 IPC and sentenced to RI for ten years and one respectively by the 4th Additional District & Sessions Judge, Begusarai in S.Tr. No. 244 of 1991 by judgment and order dated 29.01.2002.

(2.) THE case of the Informant, Chandradeo Hazari, P.W. 6 is that on the night of occurrence while his mother was sleeping on the verandah the accused persons came to his house in the middle of night and started to knock his door to get it open. He did not do so at which Appellant, Bhullu Rai instigated the rest of the accused to assault his mother with bhala since the informant was not opening the door. At this Baleshwar Rai is said to have assaulted his mother with bhala on the head due to which she started screaming. On her hulla his uncle Gazo Rai, Hazari Rai, Charitra Hazari and cousin of Bahadur Hazari and his own brother, Arjun Hazari reached the place of occurrence. The accused persons then fled away. The reason for the occurrence was that a few days back a robbery has taken place in the house of Manohar Thakur in which Bhullu Rai had been identified. It was suspected that the informant had prompted his implication and hence the present occurrence.

(3.) P .W. 2, Umakant Mishra is a formal witness.