SHEETAN BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Sheetan Beldar, Lorik Beldar and Satya Nand Beldar have been convicted for an offence punishable under Sections 307/34 IPC and each one has been directed to undergo RI for three years, appellant, Ram Pravesh Beldar has been found guilty for an offence punishable under Section 307 IPC, 27 of the Arms Act and has been directed to undergo RI for three years under each head respectively, appellant, Satya Nand Beldar has been convicted for an offence punishable under Section 324 IPC and has been directed to undergo RI for one year, appellant, Lorik Beldar has been convicted for an offence punishable under Section 323 IPC and sentenced to undergo RI for six months with a further direction to run the sentence concurrently by Ad hoc Additional Sessions Judge -FTC -3rd Patna vide his judgment of conviction and sentence dated 25.07.2002 passed in connection with Sessions Trial No. 311/1992, hence this appeal.

(2.) RAM Ishwar Thakur (since deceased) gave his Fard -e -beyan on 03.01.1992 at about 10:00 P.M. at Pameri Mor before O/C, Dhanarua P.S. alleging therein that on the same day at about 5:00 P.M. while he was going to meet nature's call and reached in a lane lying west to his house, his co -villager, Sheetan Beldar inquired, over which he disclosed his identity. On this, Sheetan Beldar began to abuse him which was protested by him and on account thereof, Sheetan Beldar ordered to murder whereupon Ram Pravesh shot at him causing injury over his head. Satya Nand gave Bhala blow causing injury below his knee. Lorik Beldar repeatedly gave Lathi blow over his left hand. He raised alarm attracting Siya Paswan, his son Surendra Thakur along with others who rescued him. He further disclosed the motive for occurrence on account of land dispute having adjacent to the house of accused, Sheetan Beldar.

(3.) DEFENCE case as pleaded during course of statement recorded under Section 313 Cr.P.C. as well as mode of cross -examination is of false implication as well as complete denial of occurrence.