RUPAN SONAR ETC. Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these criminal appeals (Cr. Appeal 189 of 1997 and 198 of 1997) arose out of the same judgment of conviction and order of sentence dated 30.8.1997 passed in Sessions Trial No. 154 of 1989, whereby and where under the learned 2nd Additional Sessions Judge, Giridih held the appellants of both the appeals guilty under Section 452 of the Indian Penal Code and convicted and sentenced them to undergo RI for three years and to pay a fine of Rs. 200/ - each and in default of payment to further undergo S.I. for one month. All the appellants have further been found guilty under Sections 147 and 323, IPC and they have been convicted and sentenced to undergo R.I. for six months and appellant Laxmi (Lachhami) Sonar is further held guilty under Section 313. IPC and he was convicted and sentenced to undergo R.I. for ten years and to pay a fine of Rs. 1000/ - and in default of payment to further undergo S.I. for six months. However, all the sentences were directed to run concurrently.

(2.) PROSECUTION case in brief is that Bishnu Devi gave a fradbeyan before the S.I. of Giridih (Town) P.S. in Sadar hospital at about 7.00 p.m. in the evening on Sunday to the effect that on 9.3.1986 at about 6.30 p.m. that on previous Friday at about 8 -9 a.m. she -goat of Bhuneshwar Sharma went to the field of the informant and damaged wheat crops and she -goat was driven out from the field by her owners son. Whereupon Bhuneshwar Sharma used abusive language against the informant, whereupon she protested as to why he is abusing her. Thereafter Bhuneshwar assaulted the informant and her daughter -in -law. Quarrel was started by her son. Next day on Friday at about 6.00 a.m. in the morning, all accused persons came there and assaulted the informant and her daughter -in -law with an intention to kill them. On this piece of fardbeyan, a case under Sections 452/323/147/313, IPC was registered and police after investigation submitted charge sheet under Sections 452/323/147/313, IPC. Cognizance in the case was taken and the case was committed to the Court of sessions, where charges were framed and the learned Court. below recorded the evidence of witnesses both oral and documentary and came to a finding and held the appellants guilty and convicted and sentenced them as aforesaid.

(3.) PW 1 is Sabia Devi. She is the wife of the injured Chhattu Sao. She has supported the prosecution case. This witness has stated that all the appellants entered her house armed with lathi and chhura and started assaulting the persons. She has specifically stated that Kaushalya Devi was assaulted by Bhuneshwar Sonar Laxmi Sonar and Rupan Sonar. She was assaulted by Sudhir and Govind Sonar. She has also stated that as to how others were assaulted by them. She has further stated that on the previous Friday, she -goat of Bhuneshwar Sonar was grazing wheat crop over which, there was exchange of abuse, etc. She and others were referred to Sariya hospital, where they were treated and from there, they were referred to Giridih hospital.