STATE OF BIHAR Vs. ANJANI CHAUDHARY

JUDGEMENT

(1.) These two Government appeals have been heard along with Criminal Appeal and will be governed by this common judgment.

(2.) The four appellants of the Criminal Appeal were tried along with nine others and have been convicted under section 304 Part I read with section 34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years each. They have further been convicted under section 25 (1) (a) of the Arms Act and have been sentenced to undergo rigorous imprisonment for six months each. The sentences have been ordered to run concurrently. There was specific charge under sections 302/34, 302/149 and 302 of the Indian Penal Code and also under sections 174 and 148 of the Indian Penal Code for which the appellants and others have been acquitted.

(3.) This case relates to a triple murder due to irrigational dispute. There is a water reservoir on the extreme south of the village known as Parasar Ahar in village Parasar. Further north of the aforesaid village is village Kusi and further extreme north is village Malpura of the prosecution party. There was a drought in the village when this occurrence took place and the people of Halpur had taken permission to take water from Parasar Ahar which flows by means of channel towards northern side and is accumulated at a place in Kusi village and that is known as Kusi Badhar. North of this Badhar is a road running east to west. It is the admitted position that people of village Malpura had cut the road at five or six places and were draining water in their own lands. This process had started three days prior to the occurrence i.e. 15.10.1974.