RADHA MOHAN OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS both these cases arise out of the same sessions trial number, they are heard together and being disposed of by a common judgment.

(2.) PROSECUTION case in brief is that appellant Gopal Ojha returned at about 4.30 P.M. from Dumraon Consolidation Office, while informant's son Radha Mohan Ojha was sitting at his door. He was asserting a claim of his share in land of Khata No. 92 measuring an area of 6 Acres and 42 Decimals, Gopal Ojha started abusing him, that was protested, which led to an altercation. Gopal Ojha brought a Farsa from his house and Ramjee Ojha, Srikant Ojha, Rambilash Ojha, Laxaman Ojha, Rampravesh Ojha and Nathuni Ojha also appeared there with Lathi. It is said that Gopal Ojha blew farsa on the head of the informant's son and remaining accused persons assaulted his son by means of Lathi. He became unconscious, taken to hospital by co-villagers. After concluding the trial accused-appellants Ramjee Ojha, Srikant Ojha, Laxaman Ojha and Nathuni Ojha have been convicted for the offences under Sections 147 and 326 of the Indian Penal Code (hereinafter referred to as 'the Code' for the sake of brevity) read with Section 149 of the Code, while appellant Gopal Ojha has been convicted for the offence under Sections 148 and 326 of the Code. So, each of the convicts has been, sentenced for two years. No separate sentence has been passed under Sections 147 and 148 of the Code.

(3.) ADMITTEDLY, injury is caused by Farsa that also on head but there is no repetition at all. Rest of the accused persons were armed with Lathi which were used also and if the intention of all was to kill the victim, injury should disclose the same. Three injuries caused by Lathi are found on the person of the victim that also not on vital part, which independently goes to show that intention was not to kill as submitted. So, it has rightly been disbelieved by the trial court.