RAMJANAM DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE four appellants herein are aggrieved by the judgment and order dated 4th July 1992 passed by Sri mandhata Singh, the then 2nd Additional sessions Judge, East Champaran at motihari in Sessions Trial No. 48/200 of 1981/87, whereby and whereunder the four appellants have been found guilty for the offences under Sections 323 and 147 IPC and have been sentenced to undergo simple imprisonment for one year for the offence under Section 323, IPC and simple imprisonment for one year for the offence under section 147, IPC. The sentences have been directed to run concurrently.

(2.) THE four appellants along with one chandrika Dubey (since deceased) were charged under Sections 304/34, 325/34, 323/147 and 447, IPC on the allegation that on 3-12-1978 at village Bhandar, P. S. Dhaka in the District of East Champaran they committed culpable homicide not amounting to murder by causing the death of Kapildeo dubey in furtherance of common intention of them all, and in course thereof they voluntarily caused grievous hurt to informant rajendra Dubey being members of an unlawful assembly and also committed the offence of rioting and lastly committed criminal tresspass by entering up on the lands of informant Rajendra Dubey with the intention to commit an offence.

(3.) THE prosecution case as disclosed in the First Information Report in brief is that on 3-12-1978 at about 8 a. m. the four appellants along with Chandrika Dubey (since deceased) went to the field of the informant rajendra Dubey (P. W. 6), where accused vishwanath Dubey attempted to cut the ridge of the informant's land by Kudal (spade) in an effort to amalgamate it with his own lands and when the informant's brother Kapildeo Dubey asked them to desist accused Chandrika Dubey gave out that he would be able to do nothing and the lands would be amalgamated. The informant and his brother again raised protest whereupon chandrika Dubey allegedly dealt a lathi blow on the head of Kapildeo Dubey whereas ramjanam Dubey dealt a lathi blow on the head of the informant. Kapildeo as a result of the assault fell to the ground but the informant managed by ward of the assault by means of the lathi in his hand and in self defence he also started wielding his lathi which resulted in injury to the accused persons. It is said that thereafter accused bishwa Nath, Vinod and Pramod repeatedly dealt blows with lathi on the informant and his brother as a result whereof the brother fell to the ground unconscious. However, in the meantime several witnesses including mewalal Ojha, Nathuni Ojha, Robin Jha, tripit Dubey and Langer Dubey arrived and intervened to separate the two parties and thereby saved the informant and his brother from further assault. It is said that thereafter the informant and his brother went to dhaka Hospital for treatment where kapildeo subsequently succumbed to his injuries. On the basis of the said fardbeyan dhaka P. S. Case No. 5 (12) of 1978 was registered.