BAGAR MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE instant appeal on behalf of Bagar Mahato and his son Ram Bharosa Mahato is against the judgment dated 7-8-1993 passed by the Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 194 of 1989 whereby he held the appellant No. 1 guilty for committing offence under S.326 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 5,000/- (five thousand) and in default of payment of fine, he was ordered to undergo simple imprisonment for one year.

(2.) P . Ws. 4 and 7 are ordered to be paid compensation at the rate of 1,500/- each. Appellant No. 2 was convicted under S.379, I. P. C. and after being given benefit of S.360, Cr. P. C. he was released on admonition.

(3.) THE defence of the appellant was of false implication and also that the present case has been lodged only with a view to save the skin of the other side. The petition of complaint (Ext. A) was filed by Ram Pd. Mahato against Suneshwar Mahto (P. W. 5) and 8 others including P. Ws. 1, 2, 3, 4 and 7 of the present case. That case is also with regard to the occurrence dated 8-1-1988 at 1.00 p.m. and the complaint case was registered under S.147, 148, 323, 452, 380 of the I. P. C. There is allegation in the complaint petition that members of the prosecution party forming an unlawful assembly came upon Plot No. 248, appertaining to Khata No. 344 which plot has been purchased by appellant No. 1. His brother Ram Prasad Mahto examined as D. W. 1. Three sale deeds, Exts. B, B/1 and B/2 dated 18-8-1982 were accepted on behalf of defence. P. W. 5 was examined in course of enquiry. He stated that the land was purchased in 1987. The accused persons assaulted the persons with lathi caused hurt to appellant No. 1 and his brothers' wife Kalawati Devi and Chatho Devi. Those persons also committed house trespass and committed theft of cash, cloths, ornaments etc. The counter case was still pending. D. W. 2 Ram Naresh Singh has stated about the sale deed, Ext. B series and the complaint petition is Ext. A. Therefore, the defence of the appellant was laid down in the counter case which was felt by way of complaint.