SURAJ CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Suraj Choudhary, Kaisar Alam, Pintu Choudhary, Sheo Kumar Choudhary, Sahzad Alam, Babuddin Ansari, Gopalji Choudhary, Rajendra Choudhary, Dharmnath Choudhary have been found guilty for an offence punishable under Sec. 323 Penal Code and each one has been sentenced to undergo RI for 1 year, under Sec. 324 IPC, each one has been sentenced to undergo RI for 2 years, under Sec. 325 IPC, each one has been sentenced to undergo RI for 2 years, appellants, Suraj Choudhary, Gopalji Choudhary and Sheo Kumar Choudhary have been found guilty for an offence punishable under Sec. 147 Penal Code and have been sentenced to undergo RI for 1 year while remaining, namely, Kaisar Alam, Pintu Choudhary, Sahzad Alam, Babuddin Ansari, Rajendra Choudhary and Dharmnath Choudhary have been found guilty for an offence punishable under Sec. 148 Penal Code and sentenced to undergo RI for 2 years with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 23.06.2015 passed by 1st Additional Sessions Judge, Gopalganj in Sessions Trial No. 357/2004.

(2.) Samsul Haque (PW-8) gave his Fard-e-beyan on 26.04.2002 at 8.00 AM while he was admitted at Sadar Hospital, Siwan in an injured condition alleging inter alia that while he along with his brother, Manir Ansari (PW-1) and son, Murad Alam, (PW-9) were sleeping at his Bathan in between night of 25/26.04.2002, on 26.04.2002 at about 3.00 AM, his co-villagers, Suraj Choudhary armed with Lathi, Rajendra Choudhary armed with Farsa, Dharmnath Choudhary armed with Chhura, Sheo Choudhary armed with Lathi, Pintu Choudhary armed with Katta (fire arm), Raj Kumar Choudhary, Sanjay Choudhary, both armed with Chhura, Gopal Choudhary, Dewanand Choudhary, both armed with Lathi, Babuddin Ansari armed with Bhala, Kaisar Alam, Sahzad Alam both armed with gun, all of a sudden came at his Bathan and began to uproot whereupon he got awaken. Seeing the same, he raised alarm whereupon, Suraj, Rajendra and Dharmnath ordered to kill. Dharmnath gave a Chhura blow with an intention to kill causing injury over his left hand as well as nose as a result of which, he fell down. Then thereafter, others began to assault with Lathi. On hue and cry, his brother Manir and son Murad came in his rescue and during course thereof, Rajendra gave Farsa blow over his brother Manir causing injury upon him. Suraj provoked to kill whereupon Rajendra repeatedly gave Farsa blow, as a result of which, Manir became severely injured. He became senseless.

(3.) The motive for the occurrence has been shown as dispute persisting in between Kaisar and Osijar Choudhary relating to aforesaid Bathan and for that a proceeding under Sec. 107 Crimial P.C. was going on.