ARJUN BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been filed by the above three appellants against the judgment dated 4.6.1993 passed by Sessions Judge, Madhepura in Sessions Case No. 127 of 1987 by which appellant Arjun Bhagat has been convicted under Section 323 of the Indian Penal Code and has been sentenced thereunder to undergo rigorous imprisonment for one year and appellants Rajeshwar Bhagat and Jawahar Bhagat have been convicted under Section 323/34 and 341of the Indian Penal Code and have been sentenced thereunder to undergo rigorous imprisonment for one year and one month respectively but their sentences were ordered to run concurrently.

(2.) THE prosecution case relates to an occurrence dated 9.9.1986 at about 6.00 P.M. At that time, Tariya Devi, bhabhi of informant Chhathu Sah (since dead) was returning from her land through the Bathan of accused Arjun Bhagat. She was restrained by the said accused Arjun Bhagat who started hurling abuses to her. In the meanwhile, Puran Bhagat (P.W.8) informed Chhathu Sah about the occurrence. The informant went there and protested. Thereafter accused Rajeshwar Bhagat and Arjun Bhagat caught hold of the informant and accused Arjun Bhagat struck a lathi blow on the head of the informant causing bleeding. The injured Chhathu Sah brought to his house by Mishri Sah (P.W.9), Tarni Sah and others. When the informant was ready to report the matter to the police, he was restrained by the villagers namely, accused Brahmdeo Sharma, Ramanand Sharma and Vishwanath Sharma saying that the matter would be settled in panchaiti. The informant thereafter stayed in the village and he was attended by the village doctor itself. When the informant was not cured, he went to hospital and thereafter he gave his fardbeyan (Ext.3). The police registered his case as Chausa P.S.Case No. 80 of 1986 on 16.9.1986 for offences under Sections 342, 325, 306 and 201 of the Indian Penal Code. Later on the informant died and Section 304 of the Indian Penal Code was added. The matter was investigated into and charge sheet was submitted under Sections 341, 304 and 201/34 of the Indian Penal Code against these three appellants and also against other three persons namely, Brahmadeo Sharma, Ramanand Sharma and Vishwanath Sharma. After cognizance, the case was committed to the court of Sessions. The trial proceeded. Charge under Section 201 of the Indian Penal Code was framed against accused Brahmadeo Sharma, Ramanand Sharma and Vishwanath Sharma. Charges under Sections 304/34 and 341 of the Indian Penal Code were framed against Rajeshwar Bhagat and Jawahar Bhagat. Another accused Arjun Bhagat was charged under Section 304 of the Indian Penal Code. Charges were explained to the accused persons who pleaded innocence and faced trial. In order to prove the case, the prosecution examined altogether 14 witnesses. Out of whom, P.W.1 Anandi Das, P.W.3 Ram Sharan Sharma and P.W.5 Awadhesh Sharma have been declared hostile as they have not supported the prosecution case and P.W.2 Umesh Malakar, P.W.4 Abhinandan Mandal, P.W.6 Biranchi Mandal, P.W.7 Bhagwat Sharma, P.W.8 Puran Bhagat, P.W.9 Mishri Sah and P.W.10 Musan Sah have been declared tenders. P.W.13 Bhupendra Narayan Yadav and P.W.14 Laxman Prasad Mandal are formal witnesses who have proved the F.I.R. and the postmortem report (Exts. 3 and 4) respectively. Only P.W.11 Tariya Devi has supported the prosecution case. P.W.12 is Dr. Satish Chandra Jaiswal who had examined the injured Chhathu Sah (since dead).

(3.) AFTER scrutinising the evidences on record, the trial court came to the conclusion that the prosecution has not been able to prove the charges against three accused namely, Brahmadeo Sharma, Ramanand Sharma and Vishwanath Sharma and acquit them from the charges but convicted and sentenced rest three accused i.e. the appellants of this appeal under the offences stated above.