RAM BARAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal No. 582 of 2011 wherein Ram Baran Roy happens to be appellant and Cr. Appeal No. 585 of 2011 wherein Pankaj Ishwar, Shiva Nandan Ishwar, Kaila Ishwar and Rajendra Roy happen to be appellants, commonly originate against judgment of conviction dated 25.04.2011 rendered by 2nd Additional Sessions Judge, Banka holding all the above named appellants guilty for an offence punishable under Sections 326 IPC and order dated 29.04.2011 directing each of them to undergo RI for 10 years as well as also slapped with fine appertaining to Rs.2500/ - in default thereof, to undergo SI for 3 months, have been heard together and are being disposed of by a common judgment.

(2.) INFORMANT , Bhagwat Ishwar (since deceased) filed written report on 16.01.1996 at about 10.15 a.m. disclosing therein that on the same day at about 8.45 a.m. while he was sitting along with his family members at his Darwaja, at that very time, Ram Baran Roy, Randhir Roy, Shiva Nandan Ishwar, Kaila Ishwar, Narayan Ishwar, Pankaj Ishwar, Rajendra Sharma along with 5 -6 persons armed with rifle, pistol, hand bomb came to his Darwaja, caught hold his son, Brajesh Kumar @ Dhurin and dragged him along with them. Brajesh Kumar @ Dhurin was assaulted while being taken away by them. They were also saying that either he would be murdered or his hand would be chopped off and then he would be implicated in a pistol case. The Informant with others tried to intervene but because of firing made by Ram Baran Roy, they became afraid of and withdrew themselves giving passage to the accused persons. On hearing the sound of firing as well as alarm raised by them, Barun Ishwar, Anil Kumar Ishwar along with others rushed in and saw the occurrence.

(3.) THE defence case, as is evident, from mode of cross -examination as well as from the exhibits made on their behalf that the so alleged victim who carries notoriety being a hardened criminal and accused in so many cases as well as also happens to be inimical along with others, made a house trespass and shot at, son of Ram Baran Roy who had a narrow escape and just to prevent from attempting furthermore costing life as well as in their right of private defence, Randhir Roy gave a sickle blow causing amputation of right wrist and for that on the Fard -e -beyan of Bhola Roy, Amarpur P.S. Case No. 14/1996 was registered on the same day. The police came before whom, Bhola Roy had given Fard -e -beyan, took possession of so alleged victim Brajesh along with fire arm, cartridges for which seizure list was prepared. It has further been pleaded that the aforesaid event was committed by the accused persons in the background of land dispute.