SIDHESHWAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and sentence passed by the learned Sessions Judge, Dhanbad in S. T. No. 299/1989, whereby and whereunder the learned Sessions Judge convicted the appellants for the offence under S. 304, Part-II read with Sections 149 and 452 of the Indian Penal Code. The appellant Jadu Nandan Das has further been convicted under S. 148, I. P. C. and rest of the appellants have also been convicted under S. 147 of the Indian Penal Code, whereas appellant Ram Bilas Paswan has further been convicted under S. 323, Indian Penal Code and the appellants were sentenced to undergo R. I. for seven years under Section 304 Part-II read with Section 149, Indian Penal Code, where appellants have further been sentenced to undergo R. I. for three years for the offence under S. 452, I. P. C. The Appellant Jadu Nandan Das has further been sentenced to undergo R. I. for two years under Section 148, Indian Penal Code and the remaining appellants have further been sentenced to undergo R. I. for two years for the offence under S.147, Indian Penal Code. The appellant, Ram Bilas has further been sentenced to undergo R. I. for three months for the offence under S. 323, Indian Penal Code. However, all the sentences ordered to run concurrently.

(2.) The case of the prosecution in brief as stated that on 10-8-1986 at about 11 a.m. all the appellants variously armed with lathi, danta and shabbal came to the house of the Informant and entered into the room after breaking the door and assaulted the deceased, his wife and children. It is also alleged that the appellant, Shamli Paswan assaulted with Shabbal on the head and remaining accused persons assaulted with lathi causing serious injury to the deceased. The Infomrant being the father of the deceased came to know about the incident and he lodged the F. I. R.

(3.) The police investigated into the case and submitted charge-sheet against the appellants. Witnesses were examined from both sides in the trial Court. After having heard both sides, the learned Sessions Judge convicted and sentenced the appellants in the manner as stated above.