SARJUG SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellants named above against the judgment and order dated 12.6.1996 passed in Sessions Trial No. 402/88/31/95 by Sri RC. Srivastava, Sessions Judge, Bokaro at Chas whereby and whereunder appellant No. 1, Sarjug Sharma has been found guilty for the offence punishable under Section 307 and 148 of the Indian Penal Code and he was convicted and sentenced to under go R.I. for 8 years and 1 year respectively and appellant Nos. 2 to 4 were found guilty for offence punishable under Section 147 and 323, IPC and they were each convicted and sentenced to undergo R.I. for six months and two months respectively and appellant No, 5, Biren Sharma has been found guilty for the offence under Section 147, IPC only and he was convicted and sentenced to undergo R.I. for six months. However, appellant Nos. 1 and 2 were not found guilty for the offence under Section 323, IPC.

(2.) THE prosecution case has arisen on the basis of the fardbeyon of PW 1, Ratan Lal Sharma recorded by S.I. Ram Bahadur Mahato of Chas Muffasil P.S. on 2.6.1988 at 9.00 a.m. in Referal Hospital, Chas regarding the occurrence which is said to have taken place on that very day at 7.30 hours in Village Chikisia, P.S., Chas (Mufassil), District Dhanbad (now Bokaro).

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claimed themselves to be Innocent and to have committed no offence and that they have been falsely implicated in this case due to land dispute which is existing and alive between the parties.