MOHAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by the appellant/convict under Sec. 374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the judgment of conviction dtd. 7/6/2023 and order of sentence dtd. 28/6/2023 passed by learned Additional Sessions Judge-X, Gopalganj in Sessions Trial No. 273 of 2015 (arising out of Barauli P.S. Case No. 173 of 2013), whereby the concerned Trial Court has convicted the appellants/convicts for the offences punishable under Sec. 341, 324 and 307/34 of the IPC, where Appellant No. 1 namely Mohan Chaudhary, has been sentenced SI for seven years alongwith fine of Rs.25,000.00 for the offence punishable under Sec. 307 of the IPC and in default of payment of fine further undergo SI for six months, SI for two years alongwith fine of Rs.5,000.00 for the offence punishable under Sec. 324 of the IPC and in default of payment of fine further undergo SI for one month and SI for one month alongwith fine of Rs.500.00 for the offence punishable under Sec. 341 of the IPC and in default of payment of fine further undergo S.I. for one week. Appellant No. 2 namely Rakesh Chaudhary has been sentenced RI for ten years alongwith fine of Rs.25,000.00 for the offence punishable under Sec. 307 of the IPC and in default of payment of fine further undergo SI for six months, RI for two years alongwith fine of Rs.5,000.00 for the offence punishable under Sec. 324 of the IPC and in default of payment of fine, further undergo SI for one month and SI for one month alongwith fine of Rs.500.00 for the offence punishable under Sec. 341 of the IPC and in default of payment of fine, further undergo S.I. for one week. Appellant No. 3 namely Satya Narain Chaudhary has been sentenced RI for ten years alongwith fine of Rs.25,000.00 for the offence punishable under Sec. 307 of the IPC and in default of payment of fine further undergo SI for six months, RI for two years alongwith fine of Rs.5,000.00 for the offence punishable under Sec. 324 of the IPC and in default of payment of fine further undergo SI for one month and SI for one month alongwith fine of Rs.500.00 for the offence punishable under Sec. 341 of the IPC and in default of payment of fine further undergo S.I. for one week. Appellant No. 4 namely, Dhupan Chaudhary has been sentenced RI for ten years alongwith fine of Rs.25,000.00 for the offence punishable under Sec. 307 of the IPC and in default of payment of fine further undergo SI for six months, RI for two years alongwith fine of Rs.5,000.00 for the offence punishable under Sec. 324 of the IPC and in default of payment of fine further undergo SI for one month and SI for one month alongwith fine of Rs.500.00 for the offence punishable under Sec. 341 of the IPC and in default of payment of fine further undergo S.I. for one week. All aforesaid sentences ordered to run concurrently.

(2.) The case of prosecution in brief is that informant namely, Meena Devi @ Chhewani (P.W. 7) authored a written report, stating therein that on 20/7/2013 her son Munmum Chaudhary (P.W. 6) had gone outside on motorcycle for some work and he was found laying on road near "Anirudhi Baba Sthan" in stabbed condition at about 8:30 PM alongwith his motorcycle. The passer-by saw him and brought him to PHC Barauli for his treatment from where he was referred to Sadar Hospital, Gopalganj for better treatment and later on referred to PMCH Patna. It is alleged that her son sustained stab injuries by sharp knife on right side of the head, right side of the chest and two stab injuries on right thigh. The informant stated that her son was unconscious due to injuries and only after gaining his sense he can disclosed the names of accused persons and reason behind this occurrence.

(3.) On the basis of aforesaid written report, the police registered a case, as Barauli P.S. Case No. 173 of 2013 dtd. 21/7/2013 for the offence punishable under Ss. 341, 324, 307 and 34 of the IPC, where after the investigation, the police submitted charge-sheet under aforesaid Sec. .