RANJEET SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No.27 of 2015 wherein Ranjeet Sao, Pappu Sao, Manish Sao, Pradeep Sao, Usha Devi are the appellants while Criminal Appeal (SJ) No. 38 of 2015 wherein Shiv Kumar Sao and Sanjay Sao are the appellants arise out against the judgment of conviction and sentence dated 22.12.2014 passed by Additional Sessions Judge, Vth, Nalanda at Biharsharif in Session Trial No.739 of 2007 /116 of 2014 whereupon have been heard together and are being disposed of by a common judgment.

(2.) Appellants, Shiv Kumar Sao and Sanjay Sao have been found guilty for an offence punishable under Section 307 IPC and each one has been directed to undergo R.I. for ten years as well as to pay fine appertaining to rupees one thousand in default thereof to undergo S.I. for fifteen days while remaining appellants have been found guilty for an offence punishable under Section 323 IPC and each one has been sentenced to undergo S.I. for one year as well as to pay fine appertaining to rupees one thousand and in default thereof to undergo S.I. for two weeks, under Section 337 of the IPC, and each one has been directed to undergo S.I. for six months as well as to pay fine appertaining to rupees five hundred in default thereof to under S.I. for one week with a further direction to run the sentences concurrently.

(3.) Pw-5, Brijnandan Prasad Kishore filed written report on 12.06.2007 at about 06:15 PM disclosing therein that on the same day at about 05:30 PM while his wife Kanti Sinha and daughter Indu Kumari were sitting at her eastern Darwaja, Sheo Kumar Sao, Ranjeet Sao, Pappu Sao, Manish Sao came and began to abuse. When his wife protested, they all began to assault his wife with lathi and danda. His daughter Indu Kumari intervened whereupon Pradeep Sao, Sanjay Sao, Usha Devi, Reeta Kumari brick batted whereupon she (Indu Kumari) sustained injury. Furthermore, Sheo Kumar Sao and Sanjay Sao gave lathi blow over head of his wife Kanti Sinha with an intention to kill. They have also snatched away her chain. Land dispute has been shown motive for the occurrence.