MAHENDRA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is filed on behalf of the appellants Mahendra Sah @ nathunl Sah, Paras Sah, Prem Sah and mahendra Sah against the Judgment of conviction and order of sentence dated 3-6-1993 and 4-6-1993 respectively passed by the 1st additional Sessions Judge, Rohtas at sasaram in Sessions Trial No. 201/70 of 1986/89 whereby all the appellants were found guilty and convicted under Section 452 of the IPC and sentenced to undergo r. I. for two years. Appellants Nos. 1, 2 and 4 were also found guilty under Section 323 of the Indian Penal Code and were sentenced to undergo R. I. for further six months. Sentences passed against three appellants namely, 1, 2 and 4 were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, the informant PW 8 gave his fard beyan on 8-9-88 at 10 a. m. which was recorded by A. S. I. of Sasaram Town Police Station in Sadar hospital Sasaram. In that fard beyan he alleged that all the four accused who are appellants here came along with 5-6 unknown persons who entered into the house of the informant and started assaulting the informant and his family members. At that time the appellant Mahendra Sah was having garasa, appellant Paras Sah with lathi, appellant Prem Sah was having country made gun, appellant Nathuni Sah @ Mahendra sah and 5-6 unknown were armed with lathles. According to further allegation, mahendra Sah assaulted Ashok Kumar who was the younger brother of the informant by his garasa which caused injury on the head as a result of assault blood came out. Mahendra Sah @ Nathuni Sah gave lathi blow to the informant as a result of which the informant sustained injuries on the left hand between the finger of right hand and on the left side of his head and on the legs. Mahendera Sah hurled garasa which caused injury to the informant's wife. Paras Sah assaulted the informant's brother who received injuries on his left scapula and his legs. At that time Prem Sah was pointing his gun and was uttering to kill/appellant mahendra Sah is alleged to have taken away the HMT wrist watch of the informant's brother. On cry of the informant neighbors govind Sah, Haridwar Sah arrived and the accused persons escaped. Even while escaping the accused persons pelted bricks bats and stones as a result of which roof tiles were damaged.

(3.) THE FIR was registered and after investigation charge sheet was submitted under Sections 147, 148. 149, 323, 324, 448, 380 and 307 of the Indian Penal Code. Cognizance was taken and case was committed to the Court of session. Charges were explained ] to the accused persons. They pleaded innocence so the trial was proceeded. The trial Court charged the accused persons under Sections 323, 380, 452, 307 of the IPC and 27 of the Arms Act but the accused persons were acquitted from the charges under Sections 307, 380, IPC and 27 of the Arms Act but were convicted under sections 352 and 323 of the Indian Penal Code.