MUREN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant on account thereof, Sri Arun Kumar Tripathi, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Appellant Muren Sharma has been found guilty for an offence punishable under Sec. 307 of the I.P.C. and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.1,000.00 and in default thereof, to undergo S.I. for one month, additionally, under Sec. 341 of the I.P.C. and sentenced to undergo S.I. for one month, under Sec. 504 of the I.P.C. and sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dtd. 6/3/2009 passed by the Additional Sessions Judge, Fast Track Court No.IV, Araria in Sessions Trial No.385 of 1993/ 101 of 2008.

(3.) Md. Nasim (PW-3) got injured, Satya Narayan Sharma (PW-2) admitted at Sadar Hospital, Araria on 3/11/1992 and got his fard-bayan recorded on 4/11/1992 by the police official of Araria Police Station disclosing therein that on preceding evening time at about 7.00 P.M. while he was coming from Pakaria to his house through a passage passing through Darwaza of Satya Narayan Sharma, at that very time, Satya Narayan Sharma was saying to Nebi Das that how you have abused the family members. After his returning from market, he would have complained, whereupon Nebi Das, who was sitting beneath a mango tree, began to abuse. Satya Narayan Sharma came in his bringle field and protested, over which Nebi Das directed his son Muren Sharma to bring lathi, but Muren Sharma brought farsa and handed it over to Nebi Das, who repeatedly assaulted Satya Narayan Sharma causing severe injury over his person. On hue and cry, co-villager Ghughli Sharma and others came, who intervened in the matter and pulled Nebi Das. Then thereafter, he along with Md. Ainul Haque, Shatrughan Sharma and others lifted Satya Narayan Sharma to the hospital where his treatment is going on. Motive for the occurrence has been disclosed as while throwing cow- dung at his field, wife and children of Satya Narayan Sharma passed through a ridge of the field of Md. Faiyaz, which has been taken on Batai by Nebi Das. Nebi Sharma forbidden them, which after returning of Satya Narayan Sharma was disclosed by his wife over which Satya Narayan Sharma has gone to inquire from Nebi Das.