CHHABBU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Chhabbu Sharma and Jagdish Sharma have been found guilty for an offence punishable under Section 307/34 of the I.P.C. and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.10, 000/- and in default thereof, to undergo R.I. for one year, additionally, under Section 323 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 341 of the I.P.C. and sentenced to undergo R.I. for one month, under Section 379 of the I.P.C. and sentenced to undergo R.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction dated 25.05.2015 and order of sentence dated 28.05.2015 passed by the Sessions Judge, Madhepura in Sessions Trial No.195 of 2012.

(2.) Pw-6 Chandeshwari Sharma filed written report on 05.08.2012 disclosing therein that on 04.08.2012 at about 7.00 p.m. while he was gossiping with Bounu Sharma, Chhabbu Sharma inflicted lathi blow over his head with an intention to kill as a result of which, he sustained injury over his head. He became unconscious and fell down. He took away his mobile. In the meantime, Jagdish Sharma came with lathi and began to assault Anil Sharma son of Bounu Sharma. When his mother came in rescue, she was also assaulted. He also snatched away her chain. 4-5 unknown persons also came at their instant, but he could not identify. Villagers came and rescued him.

(3.) After registration of Gamharia P. S. Case No.80 of 2012, investigation was taken up, respective injured were sent to hospital, witnesses were examined, injury reports were procured and then, after completing investigation, chargesheet was submitted on the basis thereof, trial commenced and concluded in a manner, subject matter of instant appeal.