BASO THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned APP for the State.

(2.) APPELLANTS , Baso Thakur, Dinesh Thakur, Ramesh Thakur and Binesh Thakur have been found guilty for an offence punishable under Sections 307/34 IPC and each of them has been directed to undergo RI for four years while Baso Thakur has further been held guilty for an offence punishable under Section 341 IPC and has been directed to undergo SI for fifteen days with a further direction to run the sentences concurrently vide judgment of conviction dated 21.12.2001 and order of sentence dated 22.12.2001 passed by 5th Additional Sessions Judge, Muzaffarpur in Sessions Trial No. 270/1990, have preferred the instant appeal.

(3.) ON 23.01.1989, Tribhuvan Mishra (not examined on account of his death) recorded First Information Report alleging inter alia that on 22.01.1989, his son Satish Chandra Mishra (PW 7) along with his daughter Vibha Kumari had gone to the house of Ramanand Mishra to participate in Puja Matkor. During course of returning, he indulged in a brawl with Binesh Thakur near the house of Satya Narain Mishra on account of which Binesh assaulted him with fists and slaps which was reported to him whereupon, he went to the house of Baso Thakur to inquire into the matter, on this, Baso Thakur, Dinesh Thakur armed with Farsa, Ramesh Thakur armed with iron rod and Binesh armed with Lathi came out from their house. Baso Thakur caught hold of him while Dinesh gave a Farsa blow on his head while Ramesh inflicted a rod blow. He raised alarm, over which Ramesh and Binesh also assaulted him. Jagdeo Mishra, Shiv Nath Mishra, Ram Sakal Mishra and other came in his rescue and on account thereof, he was saved and taken to Mushahari hospital where he got treatment.