DIGREE KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these criminal appeals are being disposed of analogous as they arise out of the common judgment. The judgment will be delivered in Criminal Appeal No. 253 of 2001.

(2.) BOTH these criminal appeals are directed against the judgment dated 15.5.2001 and order dated 16.5.2001 passed by Sri Mungeshwar Sahoo, 4th Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 410/98 whereby he has been pleased to convict appellant Rajendra Kahar under Section 302 of the Indian Penal Code (hereinafter will be called "I.P.C.") and appellant Digree Kahar under Section 302/34 of the I.P.C. Both the appellants were sentenced to undergo imprisonment for life under Section 302 I.P.C. and under Section 302/34 of the I.P.C, respectively.

(3.) THE defence case, in brief, is that the appellants were falsely implicated in this case and the fact is that on the alleged date of the occurrence (19.4.98) at about 7 P.M. Sunil Kumar, son of appellant Digree Kahar and own brother of appellant Rajendra Kahar was selling eggs and betel in his shop. In the meantime, Sanjay Kumar Yadav (deceased) alongwith Tengar Yadav alias Rajesh Rai (P.W. 5) came there and demanded betel as well as eggs from Sunil Kumar whereupon Sunil Kumar told him to firstly clear the previous dues. On this both the persons got enraged and started assaulting Sunil Kumar with Danda. Appellant Digree Prasad tried to intervene whereupon Pintu Yadav, Rajesh Yadav and Brij Nandan Yadav (father of the deceased, Sanjay Kumar) came there with lathi in their hands and started assaulting and abusing him. The occurrence was witnessed by Tapeshwar Rai and others. Further defence case is that for the said incident appellant Digree Prasad lodged a written complaint in Chandi Police Station on the basis of which Chandi P.S. Case No. 39/98 under Sections 341, 323 and 504/34 of the Indian Penal Code was instituted against Sanjay Kumar (deceased) and four others including the father of the deceased Brij Nandan Yadav. Further case of the defence is that this case has been filed by the informant Brij Nandan Yadav to make out a defence of Chandi P.S. Case No. 39/98.