KAILASH MISTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal is against the judgment dated 30th May, 1992 of the 4th Additional Sessions Judge, Nawadah passed in S.T. No. 4 of 1998/70 of 1991 whereby all the ten appellants have been convicted under Section 307 read with Section 34 of the Indian Penal Code and each of them has been sentenced to undergo rigorous imprisonment for seven years. Further each of the six appellants, namely, Kailash Mistri, Gopal Mistri, Tulsi Mistri, Laxmi Mistri, Jitendra Mistri and Panna Ram has been convicted under Section 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years each. Each of the remaining four appellants, namely, Biru Mahto, Chando Mistri, Vijoy Ram and Arjun Manton has been convicted under Section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year each. All the sentences are, however, to run concurrently.

(2.) The fardbeyan of the informant Saryug Prasad Verma (PW 6) was recorded by B.M.P. Verma, Inspector-cum-Officer In-charge of Nawadah Police Station in Sadar Hospital, Nawadah on 9th October 1989 at 10.30 a.m. The Prosecution case, as stated in the fardbeyan (Ext. 1) is that that day (9.10.1989) at 9.00 a.m., while the informant was returning from Kadirganj and was going towards his house and when he was on the road near the house of Sudamia Devi, the appellants were there taking liquor. Seeing the informant, Sudamia Devi stated that he (the informant) was the man who was obstructing her from selling liquor whereupon the appellants surrounded him and dragged him towards a banyan tree there where appellants Kailash Mistri assaulted him with fists and other appellants assaulted him with brick causing injury on his right thigh and right hand. The informant alleged that Rajendra Chaudhary (PW 3) was also assaulted. About the cause of occurrence it was stated that Sudamia Devi was illegally selling liquor and the informant had prohibited her due to which the appellants assaulted him and Rajendra Chaudhary.

(3.) As many as 12 witnesses were examined by the prosecution the appellants also examined two defence witnesses. PW 6 Saryug Prasad Verma is the informant himself. PW 1 Saryug Prasad Tatwa, PW 2 Karu Chaudhary, PW 3 Rajendra Ram, PW 4 Ramjee Chaudhary, PW 5 Rajo Chaudhary and PW 7 Mahabir Sao have been examined as eye-witnesses to the occurrence. PW 8 Gobardhan Singh is a formal witness who proved the signature (Ext. 2) on the fardbeyan. PW 9 Mahesh Prasad, PW 11 Janardan Prasad Yadav are the two Investigating officers of the case. PW 12 Murari Prasad is a formal witness who proved the injury report (Ext. 4). PW 10 Dr. Mathura Prasad is the doctor who had examined the injured Rajo Chaudhary, PW 5.