SHANKAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, being aggrieved by and dissatisfied with the judgment and order dated 7-2-2001 passed by the 1st Additional Sessions Judge, East Champaran, Motihari in Sessions Trial No. 476 of 1984, have preferred this appeal.

(2.) Appellant No. 6-Sri Narayan, by the said judgment has been found guilty of offence under Ss. 148 and 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and life respectively, while rest of the appellants have been found guilty of offence under Ss. 147, 323 and 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year, three months and life respectively.

(3.) According to the First Information Report lodged by Janak Sah (P.W. 5) on 24-6-1982 at 11 a.m. at Sadar Hospital, Motihari, the case of the prosecution is that a day prior to the incident, exchange of hot words took place between his family and that of appellant No. 2-Mangar Sah and on account thereof, on 24-8-1982 at about 9 a.m., all the appellants armed with lathi, bhala and garasa came to his Darwaja and appellant No. 2-Mangar Sah ordered to kill, whereupon appellant No. 6-Sri Narayan Singh assaulted his son Bhola Sah (deceased) by bhala on his head and he fell down. According to the report, informant, his son Babu Lai (P.W. 3) and his mother Ramrati rushed to save him, but the appellants also assaulted them by lathi. On account of injury caused by the appellants, Ramrati fell down and became unconscious. Informant had alleged that in the occurrence he had sustained injuries on his head arid right hand, whereas his son Babu Lai in his thigh, back and temple, by lathi.