KAMESHWAR PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Kameshwar Pandit, Gore Lal Pandit, Balak Pandit @ Ram Balak Pandit, Ramashray Pandit @ Sargun Pandit and Bipin Pandit have been found guilty for an offence punishable under Section 307/ 149 of the I.P.C. and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs. 5,000/-, under Section 325 of the I.P.C. and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs. 2,000/-, under Section 323 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 147 of the I.P.C. and sentenced to undergo R.I. for one year, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month, with a further direction that in default of payment of fine to undergo S.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction dated 29.01.2009 and order of sentence dated 03.02.2009 passed by the Additional Sessions Judge, Fast Track Court No.V, Lakhisarai in Sessions Trial No.555 of 1996.

(2.) Dilip Yadav (PW-5) while was admitted at Subdivisional Sadar Hospital, Jamui gave his fard-bayan on 27.10.1995, disclosing therein that Yesterday i.e. on 26.10.1995 at about 5.00 P.M. while he was ploughing his field bearing Survey Plot No.1642 lying under Khata No.112, his co-villagers Bindeshwar Pandit, Kameshwar Pandit, Bindeshwar Pandit, Shargun Pandit, Gore Lal Pandit, Balak Pandit, Bipin Pandit armed variously came and forbidden them to plough the field, whereupon his cousin brother Ishwar Yadav said that as the field belongs to them on account thereof, they will continue with ploughing the same, whereupon the accused persons began to assault them. On hue and cry, Singeshwar Mahto, Saryug Yadav, Banbari Yadav, Hardev Yadav came and witnessed the occurrence. It has further been disclosed that on an order of Bindeshwar Pandit to kill, with an intention to commit murder, Kameshwar Pandit struck a lathi blow over his head as a result of which, he sustained injury thereupon. Rest accused persons have also assaulted carrying an intention to commit murder. It has further been disclosed that the accused persons have committed the occurrence at the incitement of Ex-landlord.

(3.) The aforesaid fard-bayan was transmitted to Lakhisarai Police Station, whereupon Lakhisarai P. S. Case No.258 of 1995 was registered followed with an investigation as well as submission of chargesheet, which happens to be the basis of trial meeting with the ultimate result, the subject matter of instant appeal.