STATE OF BIHAR Vs. LAXMI SHARMA

JUDGEMENT

(1.) THIS appeal by the State of Bihar is directed against the judgment dated 19th January, 1988 passed by Shri Anirudha Prasad Choudhary, 2nd Additional Sessions Judge, Madhepura by which he has acquitted the seven respondents (hereinafter referred to as the accused) and the two ladies, namely, Andhari Devi and Tejaria Devi who were all accused in Sessions Trial No. 17 of 1985. It may be mentioned here that the appeal against these two ladies, however, was dismissed by a Bench of this Court at the time of admission itself vide order dated 9.8.1988. It may also be mentioned here that during pendency of this appeal respondent Bachkan Sharma died and hence, this appeal against him abated.

(2.) THE prosecution case, as disclosed from the fardbeyan (Ext. 2) of the informant Timai Sharma of Village Ramganj Tola Korlahi, P.S. Kumarkhand, District Madhepura, is that his neighbour accused Laxmi Sharma used to work as a plough man of one Gokaran Mandal of his village but on account of dispute of wages between them, Laxmi Sharma had left the work of Gokaran Mandal. On 30.9.1983 Sheo Narain Sharma (deceased) had gone to skin the jute crops of Gokaran Mandal. At about 2.00 p.m. he was returning to his house to take his meal and when he reached in front of the darwaza of accused Laxmi Sharma accused Binay Sharma and Bachkan Sharma asked him as to why he had gone to skin the jute crops of Gokaran Mandal when they had stopped working for him. The other accused persons, namely, Laxmi Sharma, Sadhu Sharma. Binoy Sharma, Andhri Devi, Tejaria Devi, Nageshwar Sharma, Ramji Sharma were also standing there armed with lathi and samath. Sheo Narain Sharma (deceased) replied that he was a poor man and he had to maintain child and unless he worked they (accused) would not provide him food. On this accused Binoy Sharma exhorted that he (deceased) was arguing with him and asked the other accused persons to assault. The other accused persons then surrounded him and started assaulting. Accused Laxmi Sharma assaulted Sheo Narain Sharma on head with samath and Sheo Narayan Sharma fell down and the other accused persons assaulted him with lathi. In the meantime, on halla, the witnesses came but by that time Sheo Narain Sharma had died on account of samath blow. The informant with the help of the witnesses carried the dead body of the deceased to him (accuseds) darwaza.

(3.) ALL the accused persons were charged under Section 302/34 of the Indian Penal Code. They pleaded not guilty to the charge. Their defence, as gathered from the suggestions given to the witnesses, is that no occurrence as alleged took place and that they have been falsely implicated at the instance of Gokaran Mandal and Ram Narain Mandal.