KESHAV SINGH, DEO KUMAR SINGH, SARJOO MANJHI, DINESH THAKUR, MAHESHWAR SINGH, HARDEO SINGH, DHANESHWAR SINGH, BALIHARI SINGH, NAGO SINGH, LAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) SUPPLEMENTARY affidavit has been filed on behalf the appellants that one of the appellants Hardeo Singh S/o Ram Sharan Singh died in the month of June, 2007.

(2.) This fact has been supported by the counsel for the informant. Accordingly, the appeal against the appellant stands abated. Above named appellants have filed this appeal against the judgment of conviction and order of sentence dated 30.1.1993 passed by the Additional Sessions Judge, II, Gaya in Sessions Trial No. 241 of 1989/70 of 1990 whereby the appellant no. 10 Lakhan Singh was found guilty for the offence under sec. 324 and 148 of the Indian Penal Code and was sentenced to undergo R.I. for two years each where as other appellants were found guilty under sections 147 and 323 Indian Penal Code and were sentenced to undergo R.I. for one year each for each of the charges. The sentences were ordered to run concurrently.

(3.) ACCORDING to the prosecution case on 13.8.1988 at 8 PM at village Kurmawan, P.S. Bodhgaya while the informant Kamla Mahto and other prosecution witnesses were plucking the vegetables from their field then the accused persons formed unlawful assembly and they were armed with Garasa and lathi. Allegation is that at the behest of accused Maheshwar Singh Lakhan Singh assaulted by means of Garasa (sharp cutting weapon) which the informant prevented by his left hand as a result thereof he received injuries on his hand. When the informant fell down then other accused persons assaulted him Upon cry of the informant his son Iswar (PW 4) came. Accused Lakhan Singh hurled his Garasa which hit the elbow and he sustained injury and fell down. After causing injury to the informant and his son the accused persons assaulted Ram Naresh Mahto, Sheo Lakhan Mahto, Domani Devi, Lala Prasad, Laleshwar Mahto, Jagdish Mahto son of Jeolal Mhat, Jagdish Mahto son of Rohan Mahto, Chintamani Mahto, Muresh Kumar, Bhukhan Mahto, Kapil Prasad and Ganga Mahto by means of lathi. Motive of the occurrence was that prior to the occurrence an altercation took place between the Rajdeo Singh and Sheo Shankar Singh two days prior to the occurrence and this occurrence was committed to settle score on account of that enmity. On the basis of statement given by the informant the police registered the case bearing Bodh Gaya P.S. Case No. 143 of 1988 under sections 147, 148, 149, 341, 323, 324 and 307 of the Indian penal Code. Cognizance was taken and the case was committed to the court of Sessions where charges were explained to the accused persons. They pleased innocence and preferred to be tried. Defence of the accused persons was of false implication. Further defence was that no such occurrence has taken place. The informant and his persons have got a fabricated injury report taking into the connivance of the doctor. The place of occurrence was not proved by the I. O. No document showing plot no. 1359 khata no. 221 was produced by the prosecution upon which any inference could be drawn that the alleged place of occurrence is in the name of the informant and his witnesses rather the fact was that the land was Gairmazarua land. Hence contradiction in the evidence of the witnesses were enough to demolish the prosecution version and the entire case of the prosecution has remained doubtful with the unsolved questions of facts.