JAWAHIR BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Jawahir Bind has been found guilty for an offence punishable under Section 325 IPC and directed to undergo RI for two years, also fined of Rs. 500/ - in default thereof, to undergo RI for three months. He has further been sentenced to undergo RI for six months under Section 147 IPC and also directed the sentences to run concurrently. Appellants, Mithaku Bind, Hira Bind and Kanahaya Bind have been found guilty for an offence punishable under Section 323 IPC and each one has been directed to undergo RI for one year as well as under Section 147 IPC whereunder each of them has been directed to undergo RI for six months with a direction to run the sentences concurrently. Sheo Nath Bind, Bansropan Bind have been found guilty for an offence punishable under Section 148 IPC and each of them has been directed to undergo RI for one year while the remaining appellants, namely, Basdeo Bind, Badri Bind, Manan Bind, Ghura Bind, Sheo Murat Bind, Mathura Bind, Sheojee Bind @ Sheo Bind, Sant Bind have been found guilty for an offence punishable under Sections 323/149 IPC and each of them has been directed to undergo RI for one year vide judgment of conviction and sentence dated 10.05.2002 passed by Additional Court No.1, Fast Track Court, Kaimur at Bhabhua in Sessions Trial No. 91/93/142/2001.

(2.) DURING pendency of this appeal, one of the appellants, Badari Bind died and on account thereof, instant appeal has been found abated against him vide order dated 18.06.2014.

(3.) RAMJEE Singh (PW 6), while was lying at the Darwaza of accused Kuber Bind in an injured condition had given his Fard -ebeyan before the police who arrived at that place on rumour on 24.03.1992 at about 8:45 a.m., alleging inter alia that on the same day at about 6:30 a.m. his labourers were engaged in harvesting linseed crop. After some time, he along with his son, Shrawan Kumar Singh (PW 5) carrying his licensee gun came at the plot. No sooner than, their arrival, the accused persons (so named) armed variously came, encircled both of them. During aforesaid event, his son Shrawan Kumar Singh managed to escape while Hira Bind and Kanahaya Bind gave Lathi blow over his left hand near his elbow, on account of which, his licensee gun with cartridges gone out of hold and fell in the field which was lifted by Mithaku Bind. Then thereafter, the accused persons tied his hand. Seeing this activity of the accused persons, his labourers escaped. Subsequently thereof, all the accused persons dragged him to Darwaza of Kuber Bind where, they began to assault with fists and slaps. He begged for mercy but they did not pay heed to his request. During midst thereof, Sheo Bind son of Kuber Bind lit fire in his own hut and put three hens and one she -goat kid on account of which, they also burnt. Some of them alarmed to the effect that Police arrived. Some of them said that he be murdered and in the aforesaid background, Mithaku Bind as well as Jawahir Bind brought hammer and a piece of stone and out of them, Mithaku gave blow on his chest with hammer. Subsequently thereof, after keeping stone beneath his left leg, Jawahir gave hammer blow causing injury thereupon. During midst thereof, police arrived and rescued him.