TULSI CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants in the two appeals were put on trial in Sessions Trial no. 738 of 1990 for a composite charge under Sections 147 and 302 read with Section 149 of the Penal Code and the same ended in the judgment dated 13th of September, 1993 passed by the Additional Sessions judge I. Jamui in the above noted trial. By the above judgment, all the appellants were found guilty under Sections 147 and 304 part II read with Section 149 of the IPC. Appellants Tulsi Choudhary and Ram charitra Choudhary were directed to suffer rigorous imprisonment for seven years for their conviction under Section 304 Part II read with Section 149 of the IPC. As regards their conviction under Section 147 of the penal Code the learned Judge directed appellants Tulsi Choudhary and Ram Charitra choudhary and rest of the appellants to suffer rigorous imprisonment for one year for their individual convictions under section 147 of the Penal Code. The remaining five appellants except Tulsi Choudhary and ram Charitra Choudhary were directed to suffer rigorous imprisonment for three years for their individual convictions under section 304 Part II read with Section 149 of the ipc. The judgment of conviction and order of sentence dated 13-9-1993 and 14-9-1993 respectively are being assailed in these two appeals.

(2.) THE occurrence took place on the day of Holi in the year, 1990 and as per the prosecution story appellant Tulsi Choudhary came to the Darwaja of the informant, namely, Jamuna Choudhary (PW 12) in a drunken state and started hurling abuses, which was objected to by Arjun Choudhary, the brother of the informant and the deceased in the present case, upon which Tulsi choudhary went away holding out a threat that he immediately teach a lesson to them. It is alleged that all appellants came at the darwaja of PW12 and started assaulting arjun Choudhary and caused injuries to him. While the deceased was being assaulted, it is alleged that appellant Tulsi choudhary was remonstrating the other appellants to kill him. On account of being assaulted the deceased Arjun Choudhary started bleeding from his right ear and cheek and had injuries on his chest, arms, etc. and he was rushed to Jamui hospital where he was being treated, where the statement of PW 12 (Ext. 5) was recorded.

(3.) ON the basis of Ext. 5 the FIR of the case, i. e. , Ext. 8 was drawn up and the investigation was taken by PW 13 S. I. Sushil kumar, who had issued the requisition for injury and after coming to the P. O. village inspected the place of occurrence, examined the witnesses and after receiving the post-mortem examination report and other documents, sent up the appellants for trial. Accordingly, the appellants were tried and were found guilty and were inflicted sentences as indicated above in the first paragraph of the present judgment.