RAMASHISH SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants, namely, Ramashish Sahani, Ram Babu Sahani, Shital Sahani, Kishori Sahani have been found guilty for an offence punishable under Section 307/34 IPC and each one has been sentenced to undergo RI for 7 years as well as to pay fine of Rs. 10,000/- in default thereof, to undergo RI for 1 year additionally, under Section 341 IPC and each one has been sentenced to undergo RI for 1 month, Kishori Sahani and Ramashish Sahani have further been found guilty for an offence punishable under Section 324 IPC and sentenced to undergo RI for 2 years as well as to pay fine of Rs. 5000/- and in default thereof, to undergo RI for six months, Kishori Sahani and Ramashish Sahani have further been found guilty for an offence punishable under Section 148 IPC and sentenced to undergo RI for 2 years as well as to pay fine of Rs. 2000/- and in default thereof, to undergo RI for three months, Shital Sahani has been found guilty for an offence punishable under Section 147 IPC and sentenced to undergo RI for 6 months, Ram Babu Sahani has been found guilty for an offence punishable under Section 323 IPC and sentenced to undergo RI for 1 month with a further direction to run the sentences concurrently by 2nd Additional Sessions Judge, Sitamarhi vide judgment of conviction dated 29.05.2015 and order of sentence dated 30.05.2015 in connection with Sessions Trial No. 137/1997.

(2.) Ram Ekbal Rai (PW-3) while was admitted at the Additional Health Centre, Raipur gave his fard-beyan on 07.11.1996 at about 10.30 A.M. in an injured condition alleging inter alia that on the same day at about 7 A.M. he along with his father proceeded to Madaripur cattle fair to purchase bullock having Rs. 16,184/- and as soon as reached near the house of Ram Sewak Thakur, his wife prayed for to stay and said that no male member is present, litigation is going on with regard to the land since before even then, Ramashish Sahni and his henchmen are forcibly constructing the house. On this, he said not to erect the building. After disposal of the litigation, the matter could be taken up as per judgment whereupon, Ramashish Sahni, Sital Sahni armed with rod, Yogi Sahni armed with lathi, Kishori Sahni armed with Katta, Ram Baboo Sahni armed with Katta, Battam Sahni armed with lathi who were standing since before out of them Ramashish Sahni ordered to assault, whereupon, Yogi Sahni gave a lathi blow over his left leg on account thereof, he stumbled. Shital Sahni gave rod blow over his head, as a result of which, he sustained injury thereupon. Blood oozen out therefrom. Seeing this, his father began to raise alarm as well as, also rushed in his rescue whereupon, Kishori Sahani gave katta blow over head of his father causing injury thereupon. Ramashish Sahni gave a sickle blow over his right hand causing injury thereupon. Batam Sahani assaulted with lathi. Shital Sahni snatched away the cash and at that very time, Ram Babu Sahni had thrown him on the ground and was threatening with the katta having in his hand. On hue and cry, the people of the surrounding assembled but, they were hesitating to interfere out of fear. Anyhow, Laxmi Rai followed by Ram Sresth Thakur, Jinish Thakur, Parichhan Thakur along with others interfered and got them rescued, taken to hospital, where they are being treated.

(3.) After registration of Nanpur P.S. Case No. 115/96, investigation commenced and after concluding the same, chargesheet was submitted which happens to be the basis of trial, meeting with the ultimate result, subject matter of instant appeal.