BASUDEO URAON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellants as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 10.09.2002 passed by Presiding Officer, Additional Court-II, Katihar in Sessions Trial No. 199 of 2001 / 152 of 1992 arising out of Dandkhora P.S. Case No. 19 of 1992, whereby the learned trial court convicted the accused, namely, Panchu Uraon, Harsa Rishi, Sunder Uraon, Tetuwa Rishi and Jamuna Rishi for the offence punishable under Sections 447 and 324 / 149 of the Indian Penal Code and Basudeo Uraon for the offence punishable under Sections 326 , 324 / 149 and 447 of the Indian Penal Code and released all the accused persons barring Basudeo Uraon on probation bond and sentenced Basudeo Uraon to undergo R.I. for five years under Section 326 of the Indian Penal Code, R.I. for one year under Section 324 / 149 of the Indian Penal Code and R.I. for six months under Section 447 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Dandkhora P.S. Case no. 19 of 1992 was instituted under Sections 447 , 342 , 323 , 324 and 307 / 34 of the Indian Penal Code against Panchu Uraon, Basudeo Uraon, Shravan Uraon, Jamuna Rishi, Harsa Rishi, Telwa Rishi and Sunder Uraon on the basis of the written report of Rajeshwar Prasad Mandal, Son of Late Umraon Mandal, Resident of Village-Thapkol, P.S.-Dandkhora, District- Katihar with the allegation in succinct that he has purchased 3.41 acre land bearing Khata No. 31 Khesra No. 205-206 through sale deed and has been cultivating the said land for the last five years. He had cultivated tisi crop on the said land at present. On 14.03.1992 at around 8 AM, he witnessed accused persons harvesting his tisi crop. Then he, his brothers, namely, Rambilas Mandal and Jageshwar Mandal rushed to his field and forbade them from harvesting his crop. Thereupon, Pachu Uraon gave order to eliminate them, whereupon Panchu Uraon assaulted on his head by means of farsa inflicting bleeding head injury to him, Basudeo Uraon gave arrow blow to his brother Rambilas Mandal on his stomach while Shravan Uraon gave arrow blow to his another brother Jageshwar Mandal on his rib. Jamuna Rishi, Harsha Rishi, Tetuwa Rishi and Sunder Uraon assaulted them by means of lathi. Binod Mandal, Ramdeo Mistry, Nityanand Mandal, Ganga Uraon, Brahmdeo Uraon and others witnessed the occurrence and saved their lives.