EKRAM PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appellants have been convicted under Section 307 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 3,000/ each. In default of payment of fine they will further undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in brief, is that on 22.7.1985 at about 8.30 A.M. some dispute arose between Arjun Pandey and accused persons for p.ition. The accused Bhagwan Pandey is the father and Ekram Pandey is brother of Arjun Pandey. There was altercation between them. In the mean time accused Bhagwan Pandey ordered his son Ekram Pandey to kill Arjun Pandey. Thereupon both the accused persons assaulted Arjun Pandey with lathi. Arjun Pandey sustained injuries on the head and fell down.The informant is Dadan Pandey who is the brother -in -law of Arjun Pandey. It is alleged that the informant and other co -villagers rushed there for rescue but the informant was also assaulted by accused Bhagwan Pandey by lathi on his back.The occurrence was witnesses by Gupta Nath Pandey etc. The informant brought the injured to Agion Bazar police station and lodged the F.I.R. on the same day. After completion of investigation the police submitted charge -sheet against the accused persons. Thereafter the cognizance was taken and the case was committed to the court of session for trial and ultimately the trial concluded with the resulted as indicated above.

(3.) THE prosecution in order to prove its case has examined altogether seven witnesses. P.W. 1 is Arjun Pandey, the injured. P.W. 2 is Guptanath Pandey. P.W. 3, Dadan Pandey is the informant of this case. P.W. 4 is Ramgrihi Pandey. P.W. 5 is Tetari Devi, wife of the injured Arjun Pandey. P.W. 6 is Doctor Kishori Prasad who has examined the injured. P.W. 7 is a formal witness who has proved the injury report and case diary Exts. 2 and 3.