JAI PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused, Mira Devi, was tried together with the appellants for different charges but she suffered conviction only under Section 323 of the Indian Penal Code and was left off on admonition. The appellants, Jai Prakash and Kunti Devi, were sentenced to R.I. for three years for their respective convictions under Sections 307 and 307/- 34 of the Indian Penal Code.

(2.) The judgment and order of conviction was passed by the learned Additional Sessions Judge-Il, Saran, Chapra on 12.3.1992 in Sessions Trial No. 22 of 1989.

(3.) Briefly, the case of the prosecution is that on 13.2.1988 at 9 a.m., the accused-appellant, Jai Prakash, asked the informant, Rajendra Prasad, as to why he was getting the mud and earth cut and removed by calling Zamadar of the Municipality in front of his house. On being replied by the informant that he had not called Zamadar of the Municipality for that purpose, the accusedappellant, Kunti Devi started abusing him. The informant protested whereupon she brought a farsa from her house and handed over, the same to the accused-appellant, Jai Prakash and exhorted him to kill the informant. Thereafter, the accused-appellant, Jai Prakash, gave a farsa blow on the head of the informant and he sustained cut injury. He again assaulted him with the butt portion of farsa and he fell down injured on the ground. The further case of the prosecution is that when Surendra and Lakshman Prasad, the brother and father of the informant rushed to save him, the accused, Mira Devi, wielded a lathi blow on the informant which was caught by Surendra Prasad. The witnesses, Sahjad Mian, Shyamji Prasad and many others witnessed the occurrence. Thereafter, the injured-informant, Rajendra Prasad, was removed to Sadar Hospital, Chapra for treatment.