ISHAR HAZRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The six appellants herein along with one Ramanand Hazra were put on Trial in Sessions Trial No. 37/40 of 1988/90 arising out of Ramgarhwa P.S. Case No.173/87. Sri Jaleshwar Ram, the then 1st Additional Sessions Judge, East Champaran, Motihari, by his judgment dated 13-11-1992 convicted accused Ishar Hazra for commission of offence punishable under Sections 307 and 148 of the IPC, accused Bhuar Hazra and Ramanand Hazra under Sections 324 and 148 of IPC and the remaining four accused under Section 147 of IPC and by order dated 16-11-1992 while releasing accused Ramanand Hazra under the provisions of Section 360(1), Cr. P.C. convicted accused Ishar Hazra, taking into account his advanced age, to simple imprisonment for three years for offence under Section 307 of IPC and simple imprisonment for one year under Section 148 of IPC; Bhuar Hazra was sentenced to undergo rigorous imprisonment for two years under Section 324 of IPC and one year under Section 148 of IPC and the remaining four accused were sentenced to undergo rigorous imprisonment for offence under Section 147 of IPC.

(2.) The prosecution story as unfolded in the fard beyan (Ext. 3) given by one Hargovind Hazra at 5 p.m. on 2-10-1987 at the Ramgarhwa Primary Health Centre, inter alia, is that earlier that day at around 12 noon all the accused persons were seen erecting a Jhopri over his land whereupon the informant, his sons Ramchandra Hazra and Ram Bilash Hazra and his wife, Ramrajo Devi, went over there and forbade the accused persons from constructing as the said lands had been purchased by the informant from one Budheshwar Ojha. An altercation developed in between the two parties and on the orders of Ishar Hazra to bring lathi, bhala, Garansa etc. and kill them Ishar Hazra, Ramanand Hazra, Bhuar Hazra, armed with farsa, and the remaining four accused armed with lathi forming an unlawful assembly came up to the informant and with the intention to kill Ishar Hazra dealt a blow on the head of Ramchandra Hazra as a result whereof he sustained bleeding injuries and when his wife rushed to the rescue of Ramchandra, Ishar Hazra dealt a farsa blow on her head causing bleeding injury and she dropped to the ground. Then accused Bhuar Hazra allegedly gave bhala blow upon the head of the informant causing injury and on his son Ram Bilash Hazra coming to save his father accused Ramanand Hazra gave farsa blow on his arm causing bleeding injury. This was followed by the remaining accused armed with lathi showering lathi blows upon the injured. Attracted by the cries of alarm several co-villagers including Ramchandra Raut, Wali Miyan, Ramjanam Raut and Suraj Mahto came and witnessed the occurrence. The injured are said to have been carried by the villagers to the hospital for treatment and here the fard beyan was recorded giving rise to Ramgarhwa P.S. Case No. 173/87 under Sections 147, 148, 307, 324, 323 and 326 of IPC.

(3.) The police after due investigation submitted a charge-sheet against all the accused for commission of offences under Sections 147, 148, 149, 324, 323 and 307 of IPC.