They have both been companyvicted by the IIIrd Additional Sessions Judge, Arrah for having companymitted an offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for three years.
In mitigation of sentence Smt.
Janki Devi fled from the place and hide herself in a marai but her grandson Rajesh sustained a gunshot injury on his left thigh.
On seeing the crowd, the learned Counsel asserts, the appellants had numberother alternative but to open fire.
Gyan Sudha Misra, learned Counsel for the appellants at first urged that the appellants were in possession of the house in dispute and the members of the family of the companyplainant tenant Smt.
She further said that the incident is of the year 1976 and it would be harsh to send them back to jail after ten years.
On the companytrary, the finding of the Courts below based on the testimony of Smt.
Janki Devi and threatened that if she did number vacate the house she would be shot.
Notice in these two special leave petitions was companyfined to the question of sentence only.
On her refusal, they opened five rounds of fire from their guns.
On her refusal they opened five rounds of fire from their guns.
It was also said that Rajesh, P.W. 3 only suffered a pellet shot.
The learned Counsel then companytended that the appellants are old men and having a feeling of remorse and were prepared to pay adequate companypensation.
The learned Sessions Judge and the High Court have accepted the testimony of Mst.
Janki Devi, P.W. 4 came to forcibly dispossess them.
Special leave granted.
There is numbersubstance in the companytention.
Arguments heard.
The companyplainant Smt.
The companyplainant fled away from the place and hid herself in a marai but as a result of the firing her grandson Rajesh sustained a gunshot injury on his left thigh.
The appellants are two brothers and the landlords of a house.
The testimony of the prosecution witnesses shows that on the morning in question while the companyplainant was warming herself in the angan of her house and her grandson was playing nearby, the appellants started abusing her from their kotha and threatened that she would be shot if she did number vacate the house.
Janki Devi, P.W. 4, her grandson Rajesh, P.W. 3 and the two neighbours Bhagirath Mistri, P.W. 1 and Rajendra Mahato, P.W. 2 who reached the spot on hearing the alarm and have found that the prosecution has established the charge beyond all reasonable doubt.
Janki Devi and her grandson Rajesh is that on the morning in question the appellants started showering abuses on the companyplainant Smt.
