SURESH CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pramod Kumar Sinha, learned counsel for the appellants and Mrs. Anita Kumari Singh, learned APP for the State.

(2.) The present criminal appeal has been preferred against the judgment of conviction and order of sentence dtd. 19/3/2004 passed by learned Additional District and Sessions Judge (Fast Track Court-III), Nawada in Sessions Trial No.173 of 1995/147 of 2004, (arising out of Warisaliganj P.S. Case No.32 of 1995) whereby and whereunder appellants no.1 and 2, namely Suresh Choudhary and Heera Choudhary have been convicted under Ss. 326 and 307/34 of the Indian Penal Code (hereinafter referred to as 'the I.P.C.'), while appellant no.3, namely Sevalal Choudhary @ Subelal Choudhary along with Late Rameshwar Choudhary (against whom the appeal has abated), has been convicted under Sec. 307/34 of the I.P.C., however, all of them have been sentenced to rigorous imprisonment for seven years.

(3.) The case of the prosecution, based upon the fardbeyan of the informant, Kapil Prasad Sardar recorded on 7/5/1995 at 4:00 p.m., is that on the same day at around 2:30 p.m., he was going along with his brother-in-law, namely Yogeshwar Dhanuk towards the toddy shop of accused Rameshwar Choudhary where the said Rameshwar Choudhary along with his three sons, namely Suresh Choudhary, Heera Choudhary and Sevalal Choudhary were also present, while one Gokhul Mahto was also present along with the informant. It has been alleged that the money due on account of milk was demanded by his brotherin-law from Rameshwar Choudhary, on account of which the parties entered into some verbal altercation whereafter, the brother-in-law of the informant was caught hold of and the informant tried to intervene in the matter. It has, however, been stated that on the order of Rameshwar Choudhary, Suresh Choudhary and Heera Choudhary inflicted a Hausli (Pasuli) blow on head, neck, ear, hands and arm of the brother-in-law, Yogeshwar Dhanuk causing him injuries. Rameshwar Choudhary and Sevalal Choudhary have been alleged to have caught hold of informant's brother-in-law and local people of the vicinity assembled at the place of occurrence subsequently, whereafter accused persons fled away. Informant has stated that since the injured was unconscious, the statement was being given by him.