HIRDYASINGH @ HIRDYA AHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 1, Hirdya Singh alias Hirdya Ahir has been convicted under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. Appellant Nos. 2, 3 and 4, namely, Ram Pravesh Singh @ Ram Pravesh Ahir, Ramadhar Singh @ Ramadhar Ahir and Jag Narayan Singh @ Jag Narayan Ahir have been convicted under Section 326/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years each.

(2.) The fact leading to the case is that on 23.3.1988 in the morning at the time of sun-rise, while the informant Jai Govind Ahir (who died during the pendency of appeal) and his brother Bhaiya Ram Ahir (deceased) were in their cowshed and the informant Jai Govind Ahir was giving gawat to cattle while deceased Bhaiya Ram Ahir was cutting fodder by means of garasi, then all the appellants came there, who are distant gotia of the informant and asked them as to why they are going to transfer their properties to their daughter's son. Upon which deceased Bhaiya Ram told that as the property belongs to him, therefore, they have got no right to interfere with that. Hearing this, appellant Jag Narain Ahir ordered to assault and appellant Hirdya Ahir, who was hiding garasi within his chadar assaulted Bhaiya Ram Ahir twice on his head with the result Bhaiya Ram Ahir fell down and became unconscious. Then, the informant raised alarm, with the result witnesses and female members of the deceased came there, who saw the occurrence. Thereafter, Bhaiya Ram Ahir was taken to Referral Hospital, Bikramganj and as Bhaiya Ram Ahir was unconscious, fardbeyan was recorded on the statement of Jai Govind Ahir, who is the full brother of deceased Bhaiya Ram Ahir. The doctor after examining the injured Bhaiya Ram Ahir referred him to PMCH but, keeping in view the convenience injured Bhaiya Ram Ahir was being taken to Varanashi hospital, but, in the way at Sheosagar he succumbed to the injuries. The dead body of deceased Bhaiya Ram Ahir was taken by his relations to Varanasi for cremation, where he was cremated without post-mortem examination as according to the prosecution case, they were not knowing of this fact. After completion of the investigation the Police submitted charge-sheet against the appellants. Thereafter, cognizance was taken and subsequently trial concluded with the result as indicated above.

(3.) The appellants pleaded not guilty and have stated that they have been falsely implicated in his case due to enmity.