RAMDEO YADAV Vs. STATE OF BIHAR & ORS

JUDGEMENT

(1.) Leave granted.

(2.) The incident occurred on 31.12.1998 due to dispute on account of grazing of sheep. Complainant came out of his house and asked the accused party not to chase his goat and there was scuffle between the parties. In the said scuffle the appellants-accused attacked the prosecution witnesses with lathis. In the occurrence four persons, namely, Nageshwar Yadav (PW-1), father of PW-1 (PW-6), Kunti Devi (PW-2) and Satyendra Yadav (PW-4 ) were injured. The appellants-accused were convicted by the Trial Court under Sections 147, 148, 341 and 448 Penal Code and they were sentenced to undergo imprisonment for one year, two years, one month and six months respectively. The Trial Court acquitted the appellants-accused under Sections 307 and 325 IPC. In appeal the High Court acquitted the appellants-accused under Sec. 148 Penal Code on the ground that the prosecution has not established that the accused were armed with deadly weapon.

(3.) When the matter came before this Court vide order dated 07.12.2018 notice was issued limited to the quantum of sentence.