VISHWANATH SAHANI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The appellants have been convicted under Sections 304/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years for the offence under Sections 304/34 of the Indian Penal Code as well as under Sections 147/148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months for the offence under Sections 147/148 of the Indian Penal Code and further Dhanraj Sahani convicted under Section 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for the offence under Section 379 of the Indian Penal Code, however, it has been ordered that all sentences shall run concurrently.

(3.) The prosecution case as alleged, in the First Information Report, by the informant Shanti Devi, wife of the deceased is that on 05.11.1984 at about 4:00 P.M. her husband Punitlal Sahani went to his village field, where Pathalu Sahani, Ganga Sanahi, Jaldhar Sahani, Nandu Sahani, Bishwanath Sahani, Dhanraj Sahani, Lala Sahani, Chulhai Sahani, Jaldhar Sahani, Jugashwar Sahani, Ramashish Sahani and Bajrang Sahani forming an unlawful assembly armed with deadly weapons in which Dhanraj Sahani was armed with dagger and others were armed with lathi, surrounded her husband and started assaulting. It is alleged that Dhanraj Sahani armed with dagger assaulted him by which he got badly injured and fell down and became unconscious and thereafter Dhanraj Sahani snatched his wrist watch from his hand. Thereafter Ram Kumar, Kali Charan Sahani, Sevak Sahani and her son Parsuram Sahani came to his rescue and saved him.