RAGHUNATH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants No. 1 to 5 have been convicted under Sections 323 and 147 IPC and sentenced to RI for six months under each count whereas the Appellant No. 6 has been convicted under Sections 324 and 148 IPC and sentenced to RI for one year under each count by the 7th Additional Sessions Judge, Patna in S. Tr. No. 1049/1992 by a judgment dated 26.02.1997.

(2.) The case of the prosecution according to the informant, Ram Jiwan Prasad is that while he was sitting at his darwaza along with Bhagirath Mahto and Ram Sagar Mahto suddenly 30-32 persons came to his house and then Raghunath Paswan ordered the others to catch hold of the informant at which Ganga Paswan caught him and enquired about his rifle. He replied that the rifle was inside the house at which Manu Paswan gave a chhura blow which caused injury on his right eye. Accused Sudama Paswan ordered that he be kidnapped for ransom at which the accused persons started to drag the informant to some distance. In the meanwhile some body fired from the informant's house hearing which the accused persons ran away. The defence of the accused was that they had been falsely implicated on account of previous enmity and that in fact they had taken the crops of the informant in auction and in order to prevent the taking away the harvested crops prosecution party had falsely implicated the accused persons.

(3.) On behalf of the prosecution eight witnesses were examined out of whom P.W. 2 and P.W. 5 have been declared hostile whereas P.W. 1 and P.W. 4 are the sons of the informant and P.W. 6 is the informant himself. P.W. 7 is the Doctor who examined the injury on the person of the informant and P.W. 8 is the Investigating Officer and P.W. 3 is another eye witness.