SHEOPUJAN MAHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel for the appellants and learned Counsel for the state.

(2.) The instant appeal is directed against the judgment of conviction dated 26.02.2002 and order of sentence dated 27.02.2002 passed by Sri Rajeev Kumar, 2nd Additional Sessions Judge, Garhwa in Sessions Trial No. 393 of 1996 by which judgment the appellant namely Sheopujan Mahra and Kailash Mahra were found guilty for the offence Under Section 304/34 and sentenced to undergo R.I. for 7 years. Further, the rest of the appellants namely Kapildeo Mahra, Amerika Mahra, Deoki Bhuiyan, Dulari Devi and Antiya Devi were found guilty for the offence Under Section 324/34 of the I.P.C and sentenced to undergo R.I. for 3 years.

(3.) It is submitted by learned Counsel for the appellants that they had no intention to commit the death of the deceased, Hirdyanand Ojha and they have also lodged a counter case claiming that they were in possession of the land and since the deceased, Hirdyanand Ojha and the informant and others were obstructing the cutting of Arhar crop, they only assaulted the informant party to exert their right to private defence and as such the conviction of the appellants Under Section 304/34 I.P.C is bad in law and fit to be set aside.