UMESH OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants namely, Umesh Ojha and Bagish Ojha have been sentenced to undergo RI for 2 years as well as to pay fine of Rs. 2, 000/- in default thereof, to undergo SI for 3 months additionally, under Section 385 IPC, and under Section 323 IPC, sentenced to undergo RI for 1 year as well as to pay fine of Rs. 1000/- in default thereof, to undergo SI for one month additionally, with a further direction to run the sentences concurrently vide judgment of conviction and order of sentences dated 22.08.2015 passed by 3 rd Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 360/2012.

(2.) Pw-6, Ram Krishna Ojha filed a written report on 17.10.2010 at 5.40 PM alleging inter alia that on the same day at 6.00 PM while he along with deceased Awadhesh Ojha was sitting at his Darwaza lying at village-Semariya, Umesh and Bagish armed with pistol came and began to abuse. They further directed that in spite of being given sufficient time of one week to pay Rangdari, they have not obliged and on account thereof, they are not to be allowed to live. Then thereafter, they began to assault his brother Awadhesh with fists and slaps. They also assaulted him with stones, brick particles and during course thereof, caused murder of him. He raised alarm over which large number of villagers including Hira Lal Ojha, Manish Ojha, Sampat Ojha, Hari Krishna Ojha came whom the accused persons threatened showing pistols and then thereafter, they managed to escape therefrom. It has also been disclosed that Bagish Ojha is working as Traffic Police at Patna. Umesh Ojha is an accused relating to murder of Purnmasi Paswan. It has further been disclosed that they were demanding Rs. 1 Lac which, they were unable to pay.

(3.) After registration of Shahpur PS Case No. 185/2010, investigation commenced and after completing the same, charge-sheet was submitted against both the accused persons whereupon they both were proceeded with the trial for the offences punishable under Section-384 IPC as well as Section 302 IPC. However, by the judgment impugned, both the appellants have been acquitted under the aforesaid two Sections, however, found and held guilty for the offences punishable under Sections 323 IPC as well as 385 IPC and for that, have been sentenced, subject matter of the instant appeal.