DUKHAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against judgment of conviction and sentence order dated 28.11.1995 and 30.11.1995 respectively, passed by learned 1st Additional Sessions Judge, Madhubani in Sessions Trial No. 307 of 1990/39 of 1994 by which and whereunder, the learned court below convicted the appellants for the offences punishable under Section 302/34 and 323 of the Indian Penal Code and sentenced them to undergo life imprisonment for the offence punishable under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for six months for the offence punishable under Section 323 of the Indian Penal Code. However, learned trial court directed that both the above stated sentences shall run concurrently.

(2.) PW-1, namely, Umakant Mishra, gave his fardbeyan to S.I., Madan Prasad of Sarso-Pahi O. P. Pandaul, P. S. on 16.01.1990 at about 3.00 p.m. to this effect that a dispute regarding a land was going on between his son, namely, Krit Narayan Mishra and appellants since last three to four years but recently, his son got decree of the court. He further stated that on the same date, about 10.30 a.m. his son Krit Narayan Mishra (deceased) was at going at his new house. In the meantime, appellants and two others, namely, Binod Mishra and Pramod Mishra having armed with hasua, lathi and chhura came there and started cutting khari from his field, his son Krit Narayan Mishra made protest but the aforesaid persons started assaulting the deceased, Krit Narayan Mishra by means of lathi, hasua and chhura and in that course, appellant no. 1, namely, Dukhan Mishra gave hasua and lathi blow to the deceased Krit Narayan Mishra and the appellant Amod Mishra and co-accused Pramod Mishra assaulted the deceased with hasua and lathi as a result whereof, the deceased sustained serious injuries. However, he as well as his daughter-in-law, namely, Kali Devi (PW-3) went to rescue the deceased but he as well as his daughter-in-law were assaulted by accused Binod Mishra and appellant Amod Mishra and co-accused Pramod Mishra by means of lathi, as a result where of they, too, sustained injuries. The informant claimed that after the occurrence, he went to inform the local Mukhiya, who came on the place of occurrence and having seen the condition of injured Krit Narayan Jha asked the informant to take the injured to the hospital and while the injured Krit Narayan Jha was being taken to the hospital, he died on his way and thereafter, informant along with dead body of deceased and his dauther-in-law went to Sarso-Pahi O.P and got recorded his fardbeyan.

(3.) On the basis of aforesaid fardbeyan, Pandol P. S. Case No. 0010 of 1990 was registered on 16.01.1990 under Section 302/34 of the Indian Penal Code and on the same day, formal F.I.R was drawn up against the appellants and two others for the offence punishable under Section 302/34 of the Indian Penal Code.