STATE OF BIHAR Vs. BIRJA SHARMA

JUDGEMENT

(1.) THE present Govt. Appeal is directed against the judgment of acquittal dated 20.12.1990 passed by the learned 2nd Additional Sessions Judge, Aurangabad in Sessions Trial No.50 of 1979/17 of 1989 by which the learned trial Judge acquitted the two respondents of charge under Section 307/34 IPC. As regards respondent Birja Sharma, he was also acquitted of the charge under Section 27 of the Arms Act.

(2.) SOME of the facts which could be gathered from the impugned judgment and the lower courts records are that it was not disputed that the informant and his witnesses were harvesting Khesari crop from plot no.1111 of 1126 situated at village -Balhama within Daudnagar police station in the District of Aurangabad. It was also not disputed that the respondents had come to the field to protest the uprooting of the ripe Khesari crop and that the informant and his men rebuffed the respondents causing them, specially, respondent Birja Sharma, to retreat to his house.

(3.) THE defence of the respondents was that the field was in possession of respondent Birja Sharma and that the informant and his men were aggressors who had come over the land to uproot the ripe Khesarai and in order to repel the aggression acted in self defence.