PRAHALAD MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is against the judgment dated 16.07.1992 of the 2nd Additional Sessions Judge, Siwan passed in S.T. No. 254 of 1980 whereby appellant Prahlad Mishra has been convicted under Ss. 307, 324, 435 and 447 of the Indian Penal Code with respective sentences or R.I. for five years, R.I. for one year, R.I. for three years and S.I. for one month. Each of the remaining three appellants, namely, Basistha Mishra, Byas Mishra and Sheo Kumar Mishra has been convicted u/s. 447. of the Indian Penal Code and sentenced to S.I. for one month.

(2.) THE prosecution case, as per the fard beyan (Ext -3) of the informant Jagdish Mishra (P.W. 5) recorded on 20th May, 1979 at 6:30 P.M. in Mairwa Govt. Hospital where he was lying for treatment is that on that day (20.5.1979) at about 4:00 P.M. while he (the informant) and his father Budhisagar Mishra were guarding their two Khalihans, appellant Prahlad Mishra and Basishtha Mishra carrying respectively Farsa and Lathi came there. They hurled abuses to informant 's father and Prahlad Mishra, took out a match and lighted it and set 40 -50 bundles of wheat crops on fire in the Khalihan. When the appellants were setting the bundles on fire, the Informant and his father rushed to the safety of their another adjacent Khalihan where 150 -175 wheat crop bundles had been stacked. In the mean time the appellants Vyas Mishra and Sheo Kumar Mishra also came to the bigger Khalihan. The informant and his father rushed whereupon Prahlad Mishra gave three Farsa blows, two on the neck and one on the head of informant 'sfather (Budhi Sagar Mishra) and Bashistha Mishra assaulted him (Budhi Sagar Mishra) with Lathi. Thereafter Sheo Kumar Mishra ordered to assault whereupon Prahlad Mishra gave two Farsa blows on his (informant 's) head. The informant tried to flee away at which time, Byas Mishra fired pistol but nobody was hit. Thereafter Sheo Kumar Mishra threw two bombs continuously which exnpoded there. Sheo Kumar Mishra was also throwing bombs but at the time of throwing the 3rd bomb, he fell down and the bomb exploded and Sheo Kumar Mishra himself became injured due to explosion of the 3rd bomb. The informant stated that several persons of the village had assembled and had seen the occurrence. Out of the witnesses Algu Chaudhary (P.W. 1) and Ram Charan Pandey (P.W. 2) were named in the fard beyan. About the cause of occurrence the informant admitted that he had purchased land from his cousin grand -father Ram Chandra Mishra and due to the accused - appellans having their share in that land, there was dispute between them and the appellants had threatened the informant due to this.

(3.) ALL the injuries were caused by explosive substances like bomb except injury no. (v) which had been caused by hard blunt substance like Lathi. Injury no. (i) wasgrievous in nature and the rest were simple in nature.