MEHI LAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have preferred this appeal being aggrieved by the judgment dated 11-10-2001 passed in Sessions Trial No. 327 of 1989/ 155 of 2001 arising out of Hussainganj P. S. Case No. 118 of 1988 passed by 1st Additional Fast Track Court, Siwan, wherein and whereunder, the appellants have been convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and each of them has been sentenced to suffer imprisonment for life and fine of Rs, 5.000/- and in default of payment of fine each of them has been sentenced to suffer further imprisonment of two years R. I.

(2.) In course of trial four accused persons, namely, Mehi Lal Sharma, Radheshyam Sharma, both the appellants, Manoj Sharma and Rajpati Devi were sent up for trial for the offence under Sections 302/34 of the I. P. C. In course of trial both Manoj Sharma and Rajpati Devi were found to be entitled for benefit of doubt and they were not found guilty under section 302/34 of the I. P. C. They were accordingly acquitted and discharged from the liabilities of their bail bonds. The present appellants, namely, Manilal Sharma and Radheyshyam Sharma were however found guilty under Section 302/34 of the I. P. C. as stated above.

(3.) Prosecution case is that all the four accused persons who were charged for commission of the offence under Sections 302/ 34 of the I. P C. al'egedly inflicted fatal injuries. The case of the prosecution is that on 29-8 1988 the informant had come to his village home from Calcutta, the wife of own brother of the informant, namely, Dhanilal complained against conduct of Gorakhnath, the deceased, over a quarrel which took place two days prior to the occurrence concerning Nali or Mori (drain) in between wife of Dhanilal and Gorakhnath Sharma, the deceased. The wife of Dhanilal had complained that Gorakhnath had abused her without any fault, whereupon the informant assured that he would take the deceased, his own son, to task. Thereafter on 30-8-1988 the deceased Gorakhnath went to "Bathan" (Cattle yard) of Dhanilal and protested against the complaint made to his father against him. Thereupon the accused Mehilal Sharma son of Raghunandan Sharma armed with lathi, Radheyshyam Sharma son of Mehi Lal Sharma armed with dagger, Manoj Sharma son of Dhani Lal Sharma armed with lathi and Rajapati Devi wife of Dhani La Sharma armed with brick bats surrounded the deceased Gorakhnath Sharma. It is further alleged that accused Radheyshaym Sharma gave a dagger blow on the shoulder blade (Pakhura) of the deceased Gorakhnath Sharma. Accused Mehilal Sharma gave severe lathi blow on head of the deceased Gorakhnath Sharma, accused Gorakhnath Sharma fell down. Accused Manoj Sharma assaulted the deceased Gorakhnath Sharma with lathi, wife of Dhanilal Sharma. namely, Rajpati Devi assaulted him with brick bats, the deceased Gorakhnath Sharma was severely injured. Alarm was raised. The informant, his daughter-in-law and his grand son Sanjay and villager Ramadhar Choudhary and others reached there and witnessed the occurrence. They wanted to save Gorakhnath Sharma but as he was severely injured, he succumbed to the injury within ten minutes. All the four accused persons fled away from there.