KRITYANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these criminal appeals have been directed against the judgment dated 6.8.2003 and order dated 8.8.2003 passed by Shri Govind Prasad Srivastava, Additional Sessions Judge -VII, Muzaffarpur in Sessions Trial No. 451 of 1996. Both the appellants have been convicted for the offence u/s. 307/34 of the Indian Penal Code and sentenced to undergo R.I. for 5 years with a fine of Rs. 2.000.00 and in case of default of payment of fine to undergo R.I. for a further period of three months. As both the appeals arise out of the same sessions trial they are being disposed of by this common judgment.

(2.) SAKALDEO Thakur of Village Mahanth Maniyari, P.S. Maniyari in the district of Muzaffarpur gave fardbeyan on 7.6.1994 at 8 AM alleging therein that on 2.6.1994 at about 9 P.M. his son Pappu alias Ajit Kumar Thakur was sitting at the darwaja of his house and was talking with Shatrughan Thakur. In the meantime some stones fell down near Pappu Thakur and out of them one stone hit his leg. Pappu Thakur abused as to who was throwing the stone. Thereupon Manoj Thakur came there, abused him and assaulted with fists and slaps. Persons of the vicinity pacified the matter. It is further alleged that on 3.6.1994 at 6 AM Krityanand Thakur, uncle of Manoj Thakur came to his house and asked Pappu Thakur the reason of the quarrel. In the meantime, Manoj Thakur came there and gave a fist blow on the nose of Pappu Thakur. As a result blood began to ooze out. Persons of the vicinity pacified the matter. It is further alleged that again on that day at 9.30 AM while Pappu Thakur was sitting at his door. Manoj Thakur with a dagger and Krityanand Thakur with a lathi came there and they challenged Pappu Thakur. It is further alleged that Manoj Thakur dragged Pappu Thakur to the road in front of the house and with the intention to kill Krityanand Thakur out him down on the earth and began to assault him with leg and fists. It is alleged that Manoj Thakur assaulted him on his head, back, shoulder and chest. It is said that Pappu Thakur was seriously injured and became senseless. Persons of the vicinity and informants wife Bidya Devi, Arvind Thakur, Shatrughan Thakur and Guddu Thakur came and witnessed the occurrence. Thereafter accused persons fled away. Pappu Thakur was taken to Medical, Muzaffarpur where his statement was recorded.

(3.) THE defence case is that accused persons are innocent and they have falsely been implicated in this case.