GANESH JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT , Ganesh Jha @ Guna Jha, Rudrakar Jha, Bhaskar Jha, Pappu Jha, out of whom appellant Ganesh Jha @ Guna Jha, Rudrakar Jha have been found guilty for an punishable under Section 307 IPC. 148 IPC and each one has been directed to undergo R.I. for three years, R.I. for two years respectively with a direction to run the sentences concurrently, Bhaskar Jha and Pappu Jha have been found guilty for an offence punishable under Section 143 IPC and each one has been directed to undergo R.I. for three months vide judgment of conviction and sentence dated 13.12.2001 passed by IIIrd Additional Sessions Judge, Saharsa in Sessions Trial No. 24 of 1994, have filed instant appeal.

(2.) SHASHI Nath Jha, PW -1, gave his fardbeyan on 30.03.1990 at about 12 O'clock while he was admitted at Sadar Hospital, Saharsa disclosing therein, that on 28.03.1990 at about 05:00 PM, while he was sitting at his Darwaja, Guna Jha @ Ganesh Jha, Rudrakar Jha, Bhaskar Jha, Satya Narayan Jha, Pappu Jha came at his Darwaja. At that very time, Guna Jha was armed with Farsa, Rudrakar Jha was armed with arrow, Bhaskar Jha was armed with pistol, Satya Narayan Jha and Pappu Jha were armed with Lathi. They, after coming, disclosed that none is present to save you and as, he used to file Sanha against them, on account of which, he will be cut. He became apprehensive. Fortunately, his son Sudhakar arrived at his Darwaja. At that very moment, Guna Jha inflicted Farsa blow which was caught hold by his son Sudhakar Jha. Then thereafter, Guna Jha ordered his brother Rudrakar to assault whereupon, Rudrakar bow arrow which stroke over left 'Panjra' and he became injured. Thereafter, he became unconscious. He regained sense today. They have also made house trespass but what offence they have committed, he is unaware. He had further narrated the motive for occurrence as about three months ago, he had purchased 1 Kattha 3 Dhurs of land adjacent to his Darwaja and on account thereof, the accused persons became annoyed.

(3.) FROM perusal of the lower court it is evident that, initially charge under Section 307/149 was framed on 22 -12 -1995 however, vide order dated 27 -05 -1999 the charge was amended whereunder Rudrakar Jha and Bhaskar Jha were charged under Section 148 IPC and again Ganesh Jha @ Guna Jha, Rudrakar Jha charged for an offence punishable under Section 307, 148 IPC and it is evident from the aforesaid order that accused persons have not intended to recall the witnesses for cross -examination hence, the trial proceeded on the evidence already available since before.