RABINDRA PARVAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 02.02.2013 passed by Ad hoc Additional Sessions Judge-IV, Gopalganj in Sessions Trial No. 106 of 2009 / 34 of 2012 arising out of Kateya P.S. Case No. 114 of 2004 whereby the learned trial court convicted the accused Narendra Parvat, Santraj Parvat, Bhikham Parvat, Rabindra Parvat and Hareram Parvat for the offence punishable under Sections 147/34, 148/34, 323/34, 324/34 and 325/34 of the Indian Penal Code and sentenced them to undergo R.I. for one year each under Section 147/34 IPC, R.I. for two years each under Section 148/34 IPC, R.I. for one year each under Section 323/34 IPC, R.I. for two years each under Section 324/34 IPC and R.I. for three years each under Section 325/34 IPC and also slapped them with the fine of Rs. 1000 each and in case of default of payment of fine to further undergo S.I. for three months each under Section 325 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Kateya P.S. Case No. 114 of 2004 was instituted under Sections 147, 148, 149, 323, 324, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act against the accused Ghurghur Parvat, Narendra Parvat, Madan Parvat, Dilip Parvat, Rabindra Parvat, Hareram Parvat and Santraj Parvat on the basis of the fardbeyan of Chandrabhushan Giri Son of Amrit Giri recorded by A.S.I. Upendra Labh of P.S. Kateya in Referral Hospital Kateya on 13.10.2004 at 08:30 PM with the allegation in succinct that on 13.10.2004 at around 06:30 PM, the informant was chatting with his younger brother Sunil Giri in his bathan. In the meantime, his villager namely Ghurghur Parvat descended there and started resorting firing. Thereafter, Narendra Parvat arrived there and gave order to eliminate the informant Chandrabhushan Giri. Thereafter Madan Parvat, Dilip Parvat, Rabindra Parvat, Hareram Parvat and Santraj Parvat armed with lathi, farsa and other weapons descended there and Santraj gave farsa blow on his head with intention to do away with his life and made him injured while other accused persons looted rice from his P.D.S. shop. When his younger brother namely Sunil Giri raised protest, they also assaulted him by means of lathi and farsa. Ghurghur Parvat snatched golden chain from his neck and all the accused persons left the scene on congregation of the villagers responding hulla at the place of occurrence.