JITENDRA CHAUDHARY AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order of conviction and sentence dated 12.12.2003 passed by Baikunta Nath Shahi, learned 9th Additional Sessions Judge, Saran at Chapra in Session Trial No. 374 of 2002/ 5 of 2002, by which learned Additional Sessions judge has convicted appellant No. 4 Hari Nath Chaudhary under Sections 148 and 307 of IPC and rest appellants under Section 147 and 307 read with 34 of IPC and sentenced appellant No. 4 Hari Nath Chaudhary to undergo rigorous imprisonment of six years and to pay a fine of Rs. 5000/- or in default to further undergo rigorous imprisonment for six months for the offence punishable under Section 307 of IPC and further sentenced appellant No. 4 to undergo rigorous imprisonment for one year for the charge under Section 148 of IPC and sentenced the rest of appellants to undergo rigorous imprisonment for 8 months under Section 147 of IPC and is to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3000/- in default to undergo rigorous imprisonment for four months under Section 307 read with 34 IPC, sentences to run concurrently.

(2.) Briefly stated, the facts of the case is that informant Shyam Deo Chaudhary (P.W.5) son of Late Bhagwath Chaudhary gave a fardbeyan (Exhibit-3) on 03.11.2000 giving rise to Revilganj P.S. Case No. 142 of 2000 registered on 03.11.2000 ( Exhibit-2). The allegations made by the informant is that the appellants are Gotias and are on enimical terms due to land dispute. On 011.2000 at about 8:00 PM when informant was sitting at his Darwaja accused-appellantsstarted abusing him and Gopal Chaudhary (appellant No. 5) ordered his sons appellant Nos. 1 to 4 to eliminate the informant and said Gopal Chaudhary assaulted the informant with Laptha on his left arm causing injuries. Hari Nath Chaudhary (Appellant No. 4) gave a fasuli blow on his chest and Jitendra Chaudahry (appellant No. 1) assaulted informant by Bhujali causing injuries on his chest and belly and Janeshwar Chaudhary appellant No. 3 and Patlu Chaudhary appellant No. 2 assaulted informant on various parts of his body with lathi and danda. The informant became unconscious and was taken to the hospital and has also named Dhrub Chaudhary, Sikandra Yadav and Birendra Prasad as accused.

(3.) After investigation the police submitted charge sheet dated 27.02.2001 under Sections 147, 149, 447, 341, 323, 324 and 307 against the appellants and after taking cognizance of the offence case was transferred to the Sessions Court for trial where on 11.07.2002 charges were framed under Sections 147 and 307 read with 34 IPC against all the appellant Nos. 1,2,3 and 5 and charges under Sections 148 and 307 of IPC was framed against appellant No. 4 Hari Nath Chaudhary.