MAHENDER MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Mahender Mehata has been found guilty for an offence punishable under Section 307/ 149 of the I.P.C. and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs. 5,000/-, having no default clause by the judgment of conviction dated 05.05.2015 and order of sentence dated 12.05.2015 passed by the Additional Sessions Judge-2nd, Supaul in Sessions Trial No.172 of 2009.

(2.) Mishri Lal Mehata (PW-7) gave his fard-bayan on 09.11.2008 (overwriting) at about 10.00 P.M. at Bhimnagar Hospital where he was being treated disclosing therein that Yesterday, i.e. on 06.11.2008, the Amin and the villagers got partitioned effected amongst the Pattidars. In the aforesaid background, on 07.11.2008, his bhabhi Ramwati Devi said to Mahender Mehta to remove the thorns having kept over the road in the background of aforesaid Panchayati, which was declined by Mahender Mehta, whereupon his bhabhi reacted. Mahender Mehta began to abuse his bhabhi and then, assaulted her with fists and slaps. He intervened, whereupon Mahender Mehta also abused him and also assaulted him with fists and slaps. During midst thereof, Sanju Mehta, Ram Chandra Mehta, Gopal Mehta, Mod Lal Mehta armed with lathi and fatta came and Sanju Mehta gave lathi blow over his head as a result of which, he fell down. Then thereafter, others assaulted him with lathi and fatta. It has also been disclosed that Laxmi Devi and Ram Devi also joined them armed with fatta and assaulted him. Thereafter, Sanju Mehta took away one Nokia Mobile, cash appertaining to Rs. 1200-1300 while Mahender Mehta snatched away chain (silver) and bangle (silver). On hue and cry, villagers began to assemble seeing whom, accused persons fled away. Then thereafter, villagers took him to hospital over tractor.

(3.) As is evident from the record, after registration of Birpur (Bhimnagar) P. S. Case No.165 of 2008, investigation was taken up and after concluding the same, at an earlier occasion, chargesheet against accused Gopal Mehta, Mod Lal Mehta, Ram Chandra Mehta was submitted, (outcome thereto is not known). The second chargesheet has been submitted against the appellant Mahender Mehta keeping investigation pending against Sanju Mehta, Laxmi Devi and Ram Devi. Accordingly, trial commenced and concluded in a manner, subject matter of instant appeal.