SADRE ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 29.4.1993 passed by Sri B.B. Verma, 3rd Additional Session Judge, West Champaran, Bettiah in Session Trial No. 112/1990 arising out of Shikarpur PS case No. 25/1990 whereby he convicted appellant Sadre Alam Under Section 304 (part II) of Indian Penal Code (in short as Code) and sentenced him to undergo R.I for 10 years as also Under Section 323 of the Code for a period of three months. However, the sentences have been ordered to run concurrently.

(2.) The prosecution case, in short, is that informant Kuer Yadav on 3.2.1990 at about 12 Noon when he returned back home from the distillery he was informed that appellant along with others was constructing house on his land. The informant went there and found that appellant had encroached his part of land in constructing the house. The informant requested the appellant to stop the construction as they had encroached part of his land but his request was ignored and he was threatened that if he interfered he shall be assaulted. When the son of informant named. Munna Yadav stopped the appellant and others he was assaulted by the appellant with Chhura at his hand. In the meanwhile, informant's another son Ram Keshwar Yadav snatched the chhura from the hands of the appellant upon which the appellant picked up a tangi (axe) and struck on the head of the informant who sustained injuries. He further stated that his father Sukar Yadav was also assaulted who succumbed to the injuries in the hospital. The other son of informant named Prem Yadav was also assaulted. On halla the villagers arrived and saved informant's party. The appellant and others, however, managed to run away. The alleged occurrence took place due to land dispute. The fard bayan of informant was recorded on 3.2.1990 at 13.00 hours by the police at Narkatiyaganj hospita On the basis of fard bayan of the informant the police registered Shikarpur PS case No. 25/1990 and after concluding investigation submitted charge sheet. Cognizance was taken and the case was committed to the Court of Session for trial. After trial learned 3rd Additional Session Judge, West Champaran, Bettiah convicted and sentenced the appellant as mentioned above. Against the said conviction and sentence the appellant has preferred the present appeal before this Court.

(3.) The defence version was that on 3.2.1990 at about 8 AM the accused persons were repairing their shed on their own lands. The informant and his sons came there and demolished the shed and assaulted appellant Sadre Alam and Harun Ansari with knife, farsa and lathi for which Harun lodged FIR with Shikarpur police and the case was registered as Shikarpur PS case No. 26/1990 and in this case also charge sheet was submitted Under Sections 306 and 307 of the IPC. According to accused the informant and his sons were aggressors and they had taken law in their own hands.