BHAGLU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE two appellants were put on trial by the learned Additional Sessions Judge, Begusarai by being charged together under Section 302/34 IPC in Sessions Trial No.311 of 1987.Appellant Bhaglu Sharma was distinctly charged also under Section 325 IPC while appellant Ram Kumar Sharma @ Ramanand was distinctly charged under Section 323 IPC. By judgment dated 19th July, 1991, the learned trial Judge held Ram Kumar Sharma @ Ramanand guilty of committing the offence under Section 302 IPC and directed him to suffer rigorous imprisonment for life. He was further directed after being held guilty also of committing offence under Section 323. IPC to suffer rigorous imprisonment of another term of six months. As regards appellant Bhaglu Sharma he was acquitted of charge under Section 302/34 IPC and was found guilty of committing offence under Section 325 IPC and was let off under Section 360 Cr.P.C. after being directed to execute a bond of Rs.5,000/ - with two sureties of the like amount each for keeping peace and being of good behaviour for a period of two years. The two appellants have preferred the present appeal to challenge the judgment of conviction and order of sentence.

(2.) RAMDHANI Das (P.W.6), the informant of the case lodged the first information report after coming to Khudabandpur Police Station in the District of Begusarai alleging that he along with his brother Ritlal Das and his nephew Ram Charittar Das (deceased) were tilling their land situated south of the road when two accused persons, i.e., the two appellants came there to object to the tilling by the informant and his family members. The informant claims that the usufructuary mortgage had been redeemed by paying up the mortgage money and the mortgage deed was torn off in presence of parties and villagers and he was within his right to till the land. This led to further altercation between the informant on the one hand and the accused persons on the other and it was alleged that appellant Bhaglu Sharma dealt a lathi blow to the head of the informant causing bleeding lacerated wound to him. Appellant Bhaglu Sharma again dealt a blow with lathi to the informant (P.W.6) which hit him on his left arm causing its fracture. Rit Lal Das (P.W.5), the brother of P.W.6 was also assaulted by appellant Ram Kumar Sharma @ Ramanand on his right scapula, left thigh and forearm with lathi as a result of which he was also injured. Deceased Ram Charittar Das, as per FIR, was assaulted by appellant Bhaglu Sharma with lathi causing bleeding injury to him as a result of which he fell down whereafter an iron rod blow was also given to his head. The informant and his nephew raised an alarm for saving himself which attracted the villagers who had seen the occurrence.

(3.) THE defence of the appellants may not have been specifically taken but what appears from the trend of cross -examination was that the accused claimed being in possession of the land in dispute and the informant and his family embers had trespassed over it and had started the act of taking possession over the land by tilling it and in exercised of their right of private defence they had attempted to repel the aggression and that they were fortified by law and had not committed any offence.