STATE OF BIHAR Vs. ISHWARI MUSHAHAR

JUDGEMENT

(1.) THIS Appeal has been filed against the Judgment dated 8.4.1991 passed by the 3rd Additional Sessions Judge, Nawada, in Sessions Trial No. 32 of 1985/115 of 1986, by which the Trial Court has acquitted the Respondents of the charges under Sections 302/34 and 307/149 of the Indian Penal Code.

(2.) THE case of the prosecution according to Baijnath Paswan, the brother of the deceased is that on the date of occurrence he along with his brother was ploughing the field, when the accused persons came thereupon and the Respondents No. 1, 2 and 3 assaulted the deceased with Saif, Garansa and Bhala i.e. all sharp cutting weapons. Thereafter, the rest of the accused persons came and assaulted the witnesses, who were also protesting on behalf of the deceased.

(3.) THE Defence examined one Daso Bhuiyan as witness No. 1 who stated that Plot No. 2412 under Khata No. 391 measuring 2 Acres belonged to Dahini Mushaharni who was the mother of the Respondents Amrika Mushahar and Mahendra Mushahar. He also proved two rent receipts (Exhibits -A and A/1) of the year 1980 -81 and 1986 -87 in her name. He stated that the Informant had derived no lands in the said Khata and in fact to pressure the accused persons from vacating the said land, a false case with the aforesaid allegations had been foisted on them so as to achieve their gains.