VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Vijay Kumar is the appellant in Criminal Appeal No. 312 of 2001. Harihar Nath Prasad, Sheo Kumar and Prabhu Kumar are appellants in Criminal Appeal No. 318 of 2001. All these appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the 4th Addl. Sessions Judge, Siwan, in Sessions Trial No. 89 of 1997 vide judgment and order dated 3-7-2001/5-7-2001.

(2.) On 5-10-1996 at 9 a.m. one Nagendra Prasad gave his fardbeyan before the Officer Incharge of Siwan (Mufassil) police station that on the same date at 6 a.m. his father was returning house after attending call of nature. As soon as his father reached in front of the house of Harihar Nath suddenly Harihar Nath and Sheo Kumar with pharsa, Vijay Kumar with bhala and Prabhu Kumar and Shri Ram Kumar with lathi started assaulting him. His father raised alarm and started fleeing but the accused persons surrounded him. Harihar Nath and Sheo Kumar assaulted his father with pharsa, Vijay Kumar with bhala and Prabhu Kumar and Shri Ram Kumar with lathi. He ran there to save his father but was assaulted by Prabhu Kumar and Shri Ram Kumar with lathi. He raised alarm and his grand-mother Reshma, mother Bachchi Devi and villagers Parmeshwar Sah, Shankar Sah and others came there, in the meantime, the accused persons fled away. His father sustained injuries at his neck head and right hand. Due to injuries sustained by him, his father fell down and became unconscious. The motive behind the occurrance is that 4/5 years earlier there was some land dispute with the accused persons. Later on, Panchyati was conducted and the accused persons left the land. One day prior to the occurrence some children from the accused persons family had scattered maize roots kept in the orchard of Sagir Mian due to which informant had scolded them and also assaulted one boy coming from the family of the accused persons. That boy went to his house and complained about it. On which the accused persons came there and started scuffle with him. The matter was pacified as Shiv Govind Prasad and Prabhunath Ram interfered but the accused persons had threatened that they will teach them lesson. The two witnesses, who had seen the occurrence, brought him and his father to Siwan Hospital for treatment. But his father died on way to hospital and the doctor declared him dead. He was treated in the hospital. His father was a constable in the Excise Department and was posted at Siwan at time of occurrence.

(3.) The case was instituted on the basis of the fardbeyan of the informant which was recorded at Siwan Hospital and a formal FIR was drawn. The case was investigated, chargesheet was submitted and after taking cognizance the case was committed to the Court of sessions. Finally, after completion of the trial the accused-appellants were convicted as stated above.