TRIVENI SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellants and learned counsel for the State.

(2.) The brief facts giving rise to this criminal appeal are that the informant-Mohan Yadav gave fard beyan with the police station concerned with these allegations that on 27/5/1993 at 07:00 a.m., he had gone to the house of Baldeo Mistry, who used to live in the house of a Brahmin in order to look after the same at village Basantpur to cover the house with thatch. At the same time, Ramdas Mistry also reached there. Both were having tea at the house of Baldeo Mistry sitting in Verandah. At the same time, Triveni Sharma armed with pistol, Hari Kishore Sharma armed with Gandasa, Narayan Sharma armed with lathi and gandasa and Raj Kishore Sharma armed with farsa came there. Triveni Sharma opened fire with the pistol thrice indiscriminately. One bullet hit on his right hand below the elbow and another hit right arm and third bullet hit on his right shoulder. The informant also sustained injuries on his right side of the face between the tample and cheek. Ram Das Mistry came to rescue him and Triveni Sharma assaulted him with pistol on head. Hari Kishore Sharma, Narayan Sharma, Raj Kishore Sharma assaulted him on the head, back and hand with dagger, farsa and gandasa respectively. Baldeo Mistry also came to rescue them then Triveni Sharma swung a wooden stick upon him but he went back and warded off the blow. In course of assault Triveni Sharma also assaulted to kill them. The informant Sohan Yadav moved to the room of Baldeo Mistry and he heard the sound of blast of a bomb. One Jaldhar Manjhi took Sohan Yadav to Samarua by his cycle, wherefrom a man of Samarua took him to Sadar Hospital, Godda by motorcycle. Later on Ramdas Mistry was also brought to the hospital. The occurrence was the outcome of the demanding back the land which was given by accused-Triveni Sharma under a mortgage to the informant-Sohan Yadav.

(3.) On the basis of this fard beyan, Case Crime No.76 of 1993 was lodged at Poraiyahat police station under Ss. 452, 307, 34 of the Indian Penal Code and Sec. 27 of the Arms Act against the named accused persons. The I.O. after having concluded the investigation filed charge-sheet against all the accused persons and the Magistrate concerned after having taken the cognizance on the same committed the case to the court of Sessions Judge for trial.