MULIDHAR SHARMA ALIAS MURLIDHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the order of conviction dated 24th May, 1989 recorded by Sri J. Tigga, 7th Addl. Session Judge, Palamau at Daltonganj in Sessions Trial No. 377/83 through which all these six appellants were sentenced to undergo rigorous comprisonment for seven years under Sections 387/149 of the Indian Penal Code.

(2.) The fact, in short, giving rise to this appeal is that the informant, Janardan Sharma lodged an FIR on 20.8.82 claiming that on that day at about 8 a.m. in the morning, he along with his brothers, namely, Madhusudan Sharma and Bakhori Sharma had gone to attend the call of nature and also had taken their cattle for graezing. In the meantime, they heard alarm from the side of his house and when the informant reached near his house, then he found these accused persons, named in the FIR, armed with lathi, bhala and garassa and asking them to vacate a room and then the accused Shayama Sharma, Sachidanand Sharma, Kamta Sharma, and Murildhar Sharma assaulted the informant by lathi and garassa and when Madhusudan Sharma intervened, he too was assaulted by Kamta Sharma, Murlidhar Sharma, Charitar Sharma, Manak Sharma and Ram Janam Sharma with lathi, bhala and garassa. It is alleged that accused Shayama Sharma also gave lathi below on the head of Bakhori Sharma, the brother of the informant, as a result of which the informant, and his two brothers were seriously injured and became unconscious and when they regained their consciousness, they saw their belongings were thrown out of the room. The informant and his injured brothers were removed to Daltanganj Sadar hospital and in the hospital on 20.8.82, the fardbayan of the informant was recorded by A.S.I attached to Daltonganj P.S. and the Parchayan was forwarded to Bishrampur P.S. where the P.O. lins and on that basis a case under Sections 148, 447, 307 324 and 323 IPC was institute.

(3.) In the course, the case was committed to the court of sessions and in the trial court accused persons claimed themselves innocent and denied to have taken part in the occurrence. It is their defence that actually the informant and his men on the date of occurrence at about 8.30 a.m. or so come to the house of the accused persons and began to quarrel regarding some ancestral land and in that process they assaulted Shyam Sharma, one of the accused and his father Ram Charitar Sharma who subsequently died during the pendency of the trial and for that a case use also instituted and this false case was instituted as a counter blast to the criminal case instituted on behalf of the accused person.