UGRAH KAHAR AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) There are six appellants in this appeal. For assault on Sheoji Pandey, Ugrah Kahar appellant no. 1, Fudena Kahar, appellant no. 5 and Talu Kahar, appellant no. 6 have been convicted under Sec. 325 /34 of the Indian Penal Code and sentenced to five years rigorous imprisonment besides a fine of. Rs. 200/ -, in default six months rigorous imprisonment. For assault on Badri Narain Pandey, Bhalu Kahar, appellant no. 2, Malu Kahar, appellant no. 3 and Kedar Kahar, appellant no. 4, have been convicted under Sec. 307 of the Indian Penal Code and the sentence imposed on them is the same as above. For abatement Ugrah Kahar, appellant no. 1 has been further convicted under Sec. 307 /109 of the Indian Penal Code and the same sentence as stated above has been imposed upon him. The sentences are to run concurrently. The conviction and sentence as set above have been passed by the Assistant Sessions Judge, Arrah. The prosecution case was that Sheoji Pandey had some land bearing plot no. 1001 in village Piraota within Police Station Arrah Mufassil, District Shahabad. At about 2 P.M. on 15.2.1956 Sheoji Pandey accompanied by his nephew Badri Pandey (P.W. 3) and his son Har Kumar Pandey. (P.W. 6) had been to his field when he saw the six appellants armed with lathi and bhala cutting. The Masuri crops grown by him. On his protest the appellants escaped with the bundles of Masuri but Sheoji Pandey, his son and nephew pursued them. When they reached near the orchard of Ramta Prasad the appellants threw down the bundles and at the instigation of appellant Ugrah Kahar, appellants Bhalu Kahar, Malu Kahar and Kedar Kahar assaulted. Badri Narain Pandey with bhala. Appellants Ugrah Kahar, Talu Kahar and Fudena Kahar assaulted Sheoji Pandey with lathi and thereafter all the appellants fled away with the Masuri bundles. On hulla people assembled and witnessed the occurrence. Some of the appellants had assaulted Har Kumar also but acquittal has been recorded in respect of this part of the occurrence. The injured persons came to Arrah Sadar hospital at about 8.30 P.M. the same day and their injuries were medically treated. On receiving information from the hospital Assistant Sub -Inspector of Police Md. Ayub (P.W. 10) came to the hospital and recorded the fard -beyan of Sheoji Pandey, on the basis of which first information report was drawn up.

(2.) The following injuries were found on the person of Sheoji Pandey (P.W. 1): - -

(3.) On Badri Narain Pandey the following injuries were found: - -