DINESH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is against the judgment dated 19-5-1992 of the 1st Additional Session Judge, Begusarai, passed in Sessions Case No. 13 of 1988/6 of 1989, whereby the appellant Dinesh Chaudhary has been convicted under Sections 436,452,380 and 323 read with 34 of the Indian Penal Code and respectively sentenced to undergo R.I. for 10 years, R.I. for 5 years R.I. for 5 years and R.I. for 1 year. Each of the remaining two appellants Ram Nath Chaudhary and Jugal Chaudhary has been convicted under Section 436 read with Section 34 and Section 380 read with Section 34 of the Indian Penal Code and respectively sentenced to undergo R.I. for 10 years and R.I. for 5 years.

(2.) The prosecution case as per the FIR alleged by the informant Joga Devi (P.W. 4) on 20-2-1987 at 2.30 p.m. at Bhagwanpur P.S. is that about two years ago her husband (P.W. 1) had purchased 12 dhurs and 16 dhurkis of land adjacent south of her house from Narain Chaudhary on a consideration of Rs. 2000/- and thereafter they used to keep their cattle on that land and that one day ago the appellant Dinesh Chaudhary who was a Gotia of Narain Chaudhary had come to her (Informant's) house and asked to get the land measured and separated from his (appellant's) land. After some time it was at about 12 noon that day (20-2-1987) the appellants and one Mahendra Chaudhary (the accused who died during trial) carrying Lathi came to her house, trespassed into the house and abused them. Dinesh Chaudhary assaulted her (informant) with Lathi causing bleeding injury on her head. Mahendra Chaudhary (deceased accused) assaulted her (informant's daughter) with legs and fists. Her (informant's) son and daughter-in-law fled away in order to save their life and prestige. The informant further alleged that the appellants took away Lota, Thali, glass, one Bicycle and cash of Rs. 100/-. It is also alleged that the appellant Dinesh Chaudhary and Mahendra Chaudhary (deceased accused) set fire to the thatched roof of her house as a result of which the beds and clothes kept in it was burnt. The informant named the witness Jugal Sharma, Bholu Sharma and Bodhu Sharma, Rameshwar Mistry and Arun Mahto as the eye-witness to the occurrence. But she also stated that accused persons were very attrocious and dire devil and out of fear the witnesses would not gather courage to depose against them. The informant also stated that her husband was out of the village at the time of occurrence.

(3.) As many as 7 witnesses were examined by the prosecution. P.W.1 is Ram Prakash Poddar who is the husband of the informant, P.W. 2, Arjun Poddar is the son of the informant. P.W. 3 is Laxmi Devi who is informant's daughter, P.W. 4 is Joga Devi who is the informant herself. P.W. 5 is Mathura Prasad who is formal witness and has proved the sale deeds, exhibits 1 and 1/1 in respect of the land purchased by the informant, P.W. 6 Arun Kumar, a formal witness has proved the writing and signature on the FIR, marked as exhibit 2. P.W. 7 Ranjit Jha is also a formal witness who has proved the survey map relating to the P.O. land.