SURESH MOCHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant Suresh Mochi has been convicted under Sec.307 of the Indian Penal Code and was sentenced to undergo R.I. for 7 years.

(2.) THE prosecution case, in short, is that on 9.9.83 at about 7.30 P.M. the informant Bankey Mochi was sitting on a cot at his sahan of his village. His son Ram Pravesh Mochi was also sitting there on a chair and was reading a book and his other two sons, namely, Srikant Mochi and Surendra Mochi were also reading books. It has been stated that a bulb was also lighting near the sahan on a public pole. It has further been stated that the accused persons are nephew of the informant. One of the accused namely Suresh Mochi had been allotted quota of Darra (grain) but due to his misconduct his quota was cancelled and the same was allotted to his son Ram Pravesh Mochi which infuriated the accused persons. It has also been stated that a day before the alleged occurrence they had threatened the victim with dire consequences for taking away their quota of Darra. It has been further stated that on the alleged date of occurrence all the three accused persons armed with Sword and lathi came to his sahan and began to assault Ram Pravesh Mochi. The accused Suresh Mochi assaulted him with sword on his neck and right shoulder. However, in the meantime, Ram Pravesh Mochi caught hold the sword which also caused multiple cut injury on his palm and arm. Other accused persons also assaulted him with lathi and thereafter they fled away. On hulla Bindeshwari Mahto, Sidheshwar Ram, Sadhu Mahto and others came at the spot and saw the occurrence. The informant immediately with the help of Jugal Das, Raj Kumar, Hari Lal and others brought the victim to Athmalgola RS. and where his fardbeyan was recorded and he put his signature over it.

(3.) THE prosecution, in support of its case, examined altogether 7 witnesses.