SHIV MANGAL BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal has been directed by the appellants named above against the impugned judgment and order dated 11.10.1993 and 14.10.1993 respectively passed in Sessions Case No. 50 of 1988/4 of 1991 by Sri Ajay Kumar Srivastava, 2nd Additional Sessions Judge, Godda whereby and whereunder appellant Jai Narayan Bhagat was found guilty for the offence punishable under Sections 326, 323, 148 of the Indian Penal Code and he was convicted and sentenced to undergo rigorous imprisonment for seven years, six months and one year respectively and also to pay a fine of Rs. 5,000/ - and in default thereof to undergo rigorous imprisonment for one year and rest of the appellants named above were found guilty for the offense punishable under Sections 326/149, 323 and 147 of the Indian Penal Code and each of them was convicted to undergo rigorous imprisonment for seven years, six months and one year respectively and also to pay a fine of Rs. 1,000/ - and a default thereof to undergo rigorous imprisonment for six months. However, the sentences were ordered to run concurrently. All the appellants were acquitted for the offence punishable under Section 307 of the Indian Penal Code.

(2.) THE prosecution case has arisen on the basis of the fardbeyan of PW 2 Satyanarayan Lal Srivastava, the informant, recorded on 27.10.1984 at 17.00 hours by PW 3 Madan Mohan Sharma, SI Mahagama PS. in the paddy field of one Tribhuwan Lai Srivastava situate south of Bindi Bahiyar in village -Beldiha about the occurrence of that very day and the case was instituted against the appellants vide drawing of the formal FIR on 28.10.1984 at 6.30 hours.

(3.) THE appellants have pleaded not guilty to the charges levelled against them and they claim themselves to be innocent and to have committed no offense and that they have been falsely implicated in this case due to admitted enmity and also as they are of the caste of Parabhi Kumari aforesaid.