SHATRUGHAN PRASAD AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Nos. 1 and 3 have been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and they have further been convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. Rest appellants have been convicted under Sections 307/149 IPC and sentenced to undergo R.I. for three years and all the appellants have further been convicted under Section 427 IPC and sentenced to undergo R.I. for two years. No separate sentence has been awarded to all the appellants under Section 144 IPC. However all the sentences were directed to run concurrently vide judgment and order dated 9.10.2002 passed by Sri Jitendra Kumar Sinha the then Additional Sessions Judge-I Hilsa in Sessions Trial No. 224 of 1993.

(2.) During pendency of this appeal a report was called for from which it appears that appellants Nos. 9 and 11 namely Laxmi Mahto and Ram Chandra Mahto have died during the pendency of the appeal. As such appeal against them stands abated.

(3.) Prosecution case in short is that the informant Balo Prasad (PW 4) has got 25 decimals of land in Plot No. 1430 Khata No. 356 in the village Chainpur in the District of Nalanda and possession of the land was delivered to the informant by the Circle Officer and the land was demarcated by pillars from four sides. Further prosecution case is that on 1.8.1992 at 3 P.M. all the accused appellants came armed with various weapons at the said land and appellant No. 11 Ram Chandra Mahto (since dead) started to uproot the pillars from the eastern and southern sides of the land and also cut the ridge upon which informant protested and then appellants Nos. 1 and 3 fired their guns upon the informant which did not hit him and thereafter informant fled away. It is alleged that accused persons forcibly want to grab the land.