GOPI DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants nos.1 to 13, 15 and 16 have been convicted under Sec.323 of the Indian Penal Code and were sentenced to pay a fine of Rs. 200.00 each and in default of fine they will have to undergo Simple Imprisonment for one week. The appellant no. 14 Mahesh Mahto @ Majnu Mahto has been convicted under Sec.324 of the Indian Penal Code and was sentenced to undergo R.I. for three years. He was further convicted under Sec.27 of the Arms Act and was sentenced to undergo R.I. for four years.

(2.) THE prosecution Case, in short, is that on 7.9.1984 at about 6.00 A.M. the informant was coming from Bidupur Railway Station to his house. When he reached near the southern corner of Gangti Bridge, he saw that four accused persons namely, Gopi Das, Jawahir Das, Pathal Das and Dindayal Das were assaulting Kumud Kumar with fists and kicks after pulling him down. The informant came to rescue him on that the accused Gopi Das accousted his companions that the informant should also be taken to task. On which the informant raised alarm and accused Gopi Das also called out his men from his Basti. The other accused persons came there armed with lathi and they alt began to assault the informant with lathi. On alarm witnesses, Ramsohit Thakur, Vijay Thakur, Harinath Thakur, Mahesh Sharma, Gopal Krishna Sharma and Kashi Thakur came there. It is alleged that Mahesh Mahto @ Majnu Mahto took out a country made pistol from his waist and fired it at the informant in order to kill him which hit his left arm. Thereafter the accused persons fled away to their houses. It is alleged that the reason for the occurrence was that on last Wednesday accused Din Dayal was plucking the dried wood from the branches of a tree stealthily from the orchard of Kumud Kumar and for that there was a quarrel between Kumud and Dindayal. The another reason was that the accused Mahesh Mahto used to commit mischief with the crops of the field of informant which was near his house. It is further alleged that after the occurrence the witnesses brought informant and Kumud on a tempo to Block Hospital, Bidupur where they were admitted and treated by Doctor. Bidupur Police Officer went there and recorded the fardbeyan of the informant and thereafter F.I.R. was registered.

(3.) THE appellants pleaded not guilty and have stated that they have falsely been implicated in this case due to enmity.