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2014 Supreme(Pat) 942

GOPAL PRASAD
Ram Prasad Rai – Appellant
Versus
The State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. S.A. Ahmad, APP

JUDGMENT

Gopal Prasad, J.

On repeated calls, no one appeared on behalf of the appellants.

2. Heard the learned counsel for the State.

3. Perused the record.

4. The appellants have been convicted under Sections 448 and 147 of the Penal Code and sentenced to undergo simple imprisonment for six months and, further, appellants, Uma Shankar Rai, Ram Bahadur Rai and Yadav Rai have been convicted under Section 323 of the Penal Code and sentenced to undergo simple imprisonment for six months. It has been ordered that the sentences shall run concurrently.

5. The prosecution case, as alleged in the first information report by the informant, Bidhata Mishrain, that at about 09.00 a.m. Jhapsi Rai, Chamru Rai, Bihari Rai and Ram Prasad Rai came to her door armed with lathi and asked her to execute deed with regard to the land in their favour and when the informant refused, Jhapsi Rai commanded to kill her otherwise she will not adhere to the demand. Thereafter, Uma Shankar Mishra, Pappu Paswan, Ram Bahadur Rai and Yadav Rai armed with lathi came and, thereafter, Ram Bahadur Rai and Yadav Rai assaulted her by the hoora of lathi (blunt portion of stick) and Uma Shankar Mishra as well as Raghu Pasw







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