VIJAY KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard Counsel for the parties and also counsel for the State.

(2.) Appellant Nos. 1 and 3, namely, Vijay Kumar and Ajay Kumar have been convicted under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for seven years and two years, respectively, whereas appellant No. 2 Sanjay Kumar has been convicted under Section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

(3.) The prosecution case, according to the fardbeyan of one Fekan Sharma, is as follows; On 20.6.1982 at about 8 A.M. one Gamalal Sharma with pipe gun in his hand, Vijay Kumar Sharma with licensed gun. Ajay Kumar Sharma with pipe gun and Sanjay Kumar Sharma with sword came to the field of Awadh Bihari Singh; Bhikhari Singh and Lalbabu Singh in village Sarasai and uprooted the Marai (hut) and demolished it. Therefore, they were getting the field ploughed by one Bankey Paswan. At 9.30 A.M., the brother of Fekan Sharma, Arun Kumar Singh, Sunil Kumar Singh, Lalbabu Singh and his cousin (Fekan's cousin) Bhulari Singh alias Harendra Singh, Ramnandan Singh, Binod Singh, Chitranjan Sharma came there and asked Gama Lai Sharma and others not to plough the land. Then, Gamalal Sharma fired thrice from pipe gun which hit Bhulan Singh as a result of which he fell down and on getting up he wanted to flee, but once again he stumbled, fell down and collapsed in the field of Jogi Barai. Vijoy Kumar Sharma fired at Lalbabu Singh with his gun. Ajay Kumar Sharma fired at Ramnand Singh. Sanjay Kumar Sharma hit Chltranjan Sharma with sword. The above occurrence was witnessed by one Surendra Singh, Dharmnath Sharma Sarpanoh, Gajendra Jha, Mukhiya, Tuna Singh, Jagarnath Singh, Ramchandra Sharma, Muneshwar Singh, Satyendra Sharma, Ashok Sharma, Dilip Sharma and others. Assailants fled away on motor cycles which they had kept hidden in a nearby orchard. Ramnandan Singh, Lalbabu Singh and Chitranjan Sharma were taken to Hajipur, Sadar Hospital for treatment. Fekan Sharma gave the aforesaid Jardbeyan before the police officer at the place of occurrence itself while he was watching the deceased Bhulan, his brother. 3. So far as the defence case is concerned, the accused persons denied the charges and through suggestions to the prosecution witnesses as also through some papers filed on their behalf took up the defence that the prosecution party itself on the alleged date came to the field bearing C.S. Plot No. 912 corresponding to R.S. Plot No. 1124 which was in the possession of deceased Gamalal Sharma and demolished the hut on the land and on protest from the owner (Gamalal Sharma) assaulted Gamalal Sharma and his sons for which a case was filed and is pending in the Court of Shri B. Pathak, Judicial Magistrate, 1st class. Hazipur.