ANIRUDH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Criminal Appeal (SJ) No. 640 of 2015 wherein Anirudh Ram is the sole appellant, Criminal Appeal (SJ) No. 652 of 2015 wherein Bhuar Ram @ Bhuaur Ram, Satish Ram, Baleshwar Ram, Mahanth Ram and Ashok Ram are the appellants, Criminal Appeal (SJ) No. 644 of 2015 wherein, Suraj Prasad and Manjay Prasad are the appellants have been filed against a common judgment of conviction dated 06.10.2015 and order of sentence dated 08.10.2015 passed by Additional Sessions Judge-12th, East Champaran, Motihari in Sessions Trial No. 670 of 2007 on that very pretext, have been heard together and are being disposed of by a common judgment.

(2.) Appellant, Anirudh Ram has been found guilty for an offence punishable under Sections 148 IPC and sentenced to undergo RI for 2 years, under Section 326 IPC and sentenced to undergo RI for 7 years as well as to pay fine of Rs. 5000/- in default thereof, to undergo RI for 6 months, under Section 307 IPC to undergo RI for 7 years and to pay fine of Rs. 5,000/-, in default thereof, to undergo RI for six months additionally with a further direction to run the sentences concurrently while remaining appellants, namely, Bhuar Ram @ Bhuaur Ram, Satish Ram, Baleshwar Ram, Mahanth Ram, Ashok Ram, Suraj Prasad and Manjay Prasad have been found guilty for an offence punishable under Sections 147 IPC and sentenced to undergo RI for 1 year, under Section 323 IPC sentenced to undergo RI for 6 months, under Section 307/149 IPC, to undergo RI for 7 years and to pay fine of Rs. 5000/- and in default thereof, to undergo RI for 6 months additionally with a further direction to run the sentences concurrently.

(3.) Lal Bahadur Ram (PW 6) gave his Fard-e-beyan on 05.01.2004 while he was admitted at Sadar Hospital, Motihari along with his injured mother, Shivkali Devi alleging, inter alia, that on 02.01.2004 at about 4:30 PM. while his mother was carrying she-goat, which, after covering some distance, had gone to the maize field of Bhuar Ram, on account thereof, Bhuar Ram who was present in the field, began to abuse her as well as also slapped her. Suraj Prasad, Manjay Prasad and Mahanth Ram were nearby irrigating their field rushed carrying Lathi. During midst thereof, Anirudh armed with Farsa, Ashok armed with Lathi, Baleshwar Ram armed with Garasa and Satish Ram who happens to be member of the same family arrived and then thereafter, began to abuse his mother. On hue and cry, he along with brother Subhash Ram arrived. Seeing them, Suraj Prasad provoked whereupon, Anirudh gave Farsa blow over his mother cutting forehead as well as eye (left eye). She became unconscious. As soon as he rushed to save his mother, Ashok Ram gave Lathi blow over his head. His brother Subhash was also chased. Manjay Prasad snatched away writ watch as well as cash appertaining to Rs. 400/-. His brother Subhash along with villagers came after departure of accused persons and took him along with his mother to local hospital wherefrom they were referred to Sadar Hospital, Motihari.