RAM PRAWESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Ram Prawesh Sharma and Ram Sajeewan Sharma along with others faced Sessions Trial No. 330/85/169/1995 and vide judgment of conviction and sentence dated 17.04.2002 passed by 3rd Additional Sessions Judge, Begusarai found them guilty for an offence punishable under Sections 304, (II) IPC and each of them has been directed to undergo RI for seven years as well as also fined Rs. 5,000/ - in default thereof, to undergo RI for three months while remaining were convicted for an offence punishable under Section 323 IPC and were directed to execute bond for Rs. 2,000/ - with one surety to be effective for a year during midst thereof, to maintain peace and harmony. However, the appellants named above only challenged the verdict.

(2.) BEREFT of unnecessary details, as per Fard -e -beyan of Ram Naresh Sharma (PW 8) recorded on 25.09.1984 at about 10:30 p.m. while was admitted to Sadar Hospital, Begusarai disclosing therein that on the same day at about 6:00 p.m. an altercation took place in between his father, Girolal Sharma with Bhuwaneshawar Sharma concerning land at Chakdanish Mauza, due to which, Bhuneshawar along with his sons chased him up to his house. They were armed with Lathi and Bhala. Just after coming, Bhuneshawar Sharma ordered, on which, Ram Prawesh, Sheo Charan, Ram Sajeewan, Ugwa @ Sanjay Sharma began to assault him as well as his brother Ram Ratan Sharma (deceased) with Lathi and Bhala.

(3.) ON the basis thereof, Begusarai P.S. Case No. 272/1984 was registered and during course of investigation, on account of death of Ram Ratan Sharma as well as having the investigation completed, charge -sheet was submitted under Sections 147, 148, 149, 342, 323 and 302 of the IPC whereunder cognizance was taken and accordingly, the case was committed to the court of sessions wherein the appellants along with others ultimately faced the findings adverse to their interest, hence the instant appeal.