KANHAIYA LAL GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants being aggrieved by their conviction and sentence by judgment and order dated 22nd November, 2002 passed by the Additional Sessions Judge, Fast Track Court No. IV, Darbhanga in Sessions Trial No. 131 of 1995 have preferred this appeal. By the said judgment appellant no. 1 Kameshwar Sharma has been found guilty of offence under Sections 302, 447 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life, three months and one month respectively. Appellant No. 2 Bishundeo Sharma, by the said judgment has also been found guilty of offence under Section 323, 447 and 341 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months, three months and one month respectively. Sentences were directed to run concurrently.

(2.) Prosecution story according to the fardbeyan given by P.W. 6 Ram Kamal Sharma in the State Dispensary, Biraul before the Assistant Sub-Inspector of Police of Biraul Police Station on 21.7.1994 at 4.30 P.M. is that on the said date at about 8 A.M. appellant no. 1 Kameshwar Sharma was ploughing his field when informant and his father Dev Narayan Sharma went there and asked him to stop ploughing the field claiming the said field to be belonging to them. At this appellant no. 1 left ploughing the field; went to his house, brought a farsa and assaulted informant's father from the blunt portion of the same on his head. According to the informant when he tried to save his father appellant no. 2 Bishundeo Sharma assaulted him by farsa causing injury on his head. Thereafter other accused persons (since acquitted) assaulted him and on alarm being raised according to the informant, witnesses and other villagers collected and saved the informant and his father. The motive of the occurrence, according to the informant, was ploughing of his field by the accused persons.

(3.) On the basis of the aforesaid information Biraul Police Station Case No. 96 of 1994 was registered under Sec. 147, 148, 447, 341, 323 and 324 of the Indian Penal Code.