MUNI LAL KUMHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an appeal against the judgment and order of the Sessions Judge, Gopalganj dated 18th September, 1986 in Sessions Trial No. 49/81, whereby the appellants before us, namely, Muni Lal Kumhar, Guru Dayal Kumhar, Jhagaru Kumhar and Mahesh Kumhar along with one Benchu Kumhar were charged and tried under Sections 302/34, I.P.C. for having committed murder of Suleman Hajam in furtherance of their common intention. They were also tried under Sections 323/34, I.P.C. for voluntarily causing hurt to Basiruddin Hajam and Chhedi Hajam. Jhagru Kumhar and Mahesh Kumhar were further charged under Section 325, I.P.C. for causing voluntarily grievous hurt to Chhedi Hajam. Muni Lal Kumhar was also charged under Section 148, I.P.C. for being armed with pharsa and the rest were charged under Section 147, I.P.C. for committing rioting.

(2.) BENCHU Kumar was acquitted while these appellants were convicted and sentenced to imprisonment for life and also convicted under Sections 323/34, I.P.C. and sentenced to six months imprisonment. Appellant Jhagru Kumhar has been further convicted under Section 325, I.P.C. and sentenced to R.I. for two years. All the sentences were directed to run concurrently.

(3.) THE incident which led to the trial and conviction of the appellants happened on 10th June, 1980 at village Jagmalwa, P.S. Manjhagrah (Thawe) in the district of Gopalganj. Following is the summary of evidence on the strength of which the Sessions Judge convicted the appellants. On 10 -6 -1980 at about 9.00 a.m., Basiruddin Mian along with the deceased Suleman Hajam and Chhedi Hajam were piling bricks at their door. The appellants are alleged to have protested while the bricks were being piled. Muni Lal Kumhar was armed with farsa and the rest were armed with lathi. Suleman replied that he was piling the bricks on his land. Muni Lal Kumhar claimed the land to the his and asked Suleman Hajam not to pile his bricks. The acquitted -accused Benchu Kumhar, who was at his door instigated the appellants to assault. Appellant Muni Lal Kumhar gave a farsa blow on Suleman, who fell down. Chhedi Hajam went to his rescue. Then Jhagru Kumhar gave a lathi blow on his hand as a result of which his hand was fractured and Chhedi Kumhar also fell down. Appellant Gurudayal assaulted him with lathi on his head whereas appellant Mahesh Kumhar assaulted him on his waist by lathi.