RAMASHISH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is of judgment of conviction dated 09.02.2002 and order of sentence dated 10.10.2002, passed by Shri Ramesh Kumar Rateriya, 4th Addl. Sessions Judge, Begusarai, in Sessions Trial No. 246/96, by which all the accused persons stood convicted under Section 307/34 of the Indian Penal Code (in short the "IPC") and were sentenced to undergo R.I. for 07 years. Accused Ramashis Singh and Navin Singh also stood convicted under Section 307 of the IPC and were sentenced to undergo R.I. for 07 years. Apart from that accused Ramsashish Singh, Navin Singh, Bhola Singh and Ramdhani Singh were convicted under Section 447, 341, 323 of the IPC and were sentenced to undergo R.I. for one year under each Sections. All the sentences were directed to run concurrently.

(2.) Earlier, a report was called for from the S.P. of concerned district with regard death/alive status of the appellants, from which it appears that appellants Navin Singh, Bhola Singh and Ramdhani Singh has already died and, therefore, this appeal stands abated so far the above appellants are concerned.

(3.) Prosecution case as per the fardbeyan of Umashankar Singh (P.W. 2), in short is that accused Bhola Singh has given his land to wife of accused Ramashish Singh by executing a gift deed and the said land was beside the house and land of the informant and the said land was being used as rasta. It is alleged that on 04.09.1994 at about 2.30 P.M. when informant was sitting in aagan of his house, accused Ramashish Singh and Navin Singh armed with bhala, accused Bhola Singh and Ramdhani Singh armed with lathi and other female coaccused came to there house and asked the informant not to use the said land as rasta on which informant protested and said that he used his own land as rasta. On which some wordy altercation took place, thereafter, accused Ramashish Singh assaulted the informant on his head by means of bhala and accused Navin Singh assaulted the informant on his left leg by bhala and other accused persons assaulted the informant by means of lathi causing injuries to informant and when his wife and his brother came to save him, they were also assaulted by brick bats and her golden chain was snatched. On hulla villagers came there. On the basis of the above fardbeyan, Muffasil P.S. Case No. 254/94 was registered against the accused persons.