RAM DAS KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THERE are three appellants in this appeal. First appellant Ram Das Kahar, who was aged 70 years at the time of his conviction, is the father of appellant No. 3 Raj Grihi Kahar. Appellant No. 3 was charged and tried for offence under Section 307, I.P.C. The allegation is that he inflicted Bhala Injury on Ayodhya Nath Mishra Ram Das Kahar and Sheo Das Kahar tried under Section 323, I.P.C. for causing lathi injury on Ayodhya Nath Mishra.

(2.) ON 6 -4 -74 at village Senduar, P.S. Kargahar, District Rohtas Ayodhya Nath Mishra and Ram Das Mishra were watching their Mango tree standing at their Khalihan. The case of the prosecution is that the appellants went to khalihan and began to pluck the mangoes on which Ayodhya Nath Mishra objected and there was altercation. Thereupon, appellants Ram Das Kahar and Sheo Das Kahar assaulted him with lathis and appellant Raj Grihi Kahar assaulted him with bhala causing injury on the abdomen of Ayodhya Nath Mishra. Basudeo Mishra. another son, informed the father about the incident. The injured was taken to Sadar Hospital, Sasaram in unconscious condition where fardbeyan of the informant was recorded by the police officer of Sasaram police station.

(3.) DURING the trial Shridas Mishra, the informant, was examined as P.W. 1. He was informed about the incident by Basudeo Mishra. Ayodhya Nath Mishra, the victim of the assault stated in his evidence that he along with his brother Basudeo Mishra was in his Khalihan for watching their mango trees laden with mango fruits. The appellants began to pluck the mango fruits upon which he objected. Thereupon Raj Grihi assaulted him with bhala and other appellants assaulted him with lathis.