SWARAJ SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The conviction of all the appellants under Section 329/149, I.P.C., appellant No. 8's under Section 326, I.P.C. some of the appellants under Section 148, I.P.C. and others under Section 147, I.P.C. has been affirmed by the High Court of Patna. This appeal has been brought by special leave challenging the correctness of the decision of the High Court.

(2.) According to the prosecution, there was bitter enmity between the members of the prosecution party and that of the accused resulting in various cases and counter cases, some of which, were pending at the time of the incident with which we are concerned in this case. It is said that at about 6 a. m on August 10, 1964, there was a quarrel between some of the appellants and P. W. 5, Sri Ram Singh on the outskirts of their village about some water dispute. Irritated by that quarrel, the appellants who are all close relations formed them-selves into a unlawful assembly some of them armed sharp cutting instruments like Grasa and others with sticks, came and attacked P. W. 8, Gaya Sing, P. W. 9, Kameshwar Singh and P.W.2, Bhagwan in front of the house of P.W.8, at about 8 a.m. that day as a result of which P. W. 8 sustained three incised injuries and two defused contusions, P.W.9 sustained two incised injuries and five countusions; P. W. 2 sustained a lacerated injury. One of the injuries sustained by P. W. 8 was a grievous injury. The prosecution evidence also discloses that of the accused attacked the prosecution party with brickbats.

(3.) The appellants admit that there was enmity between them and the prosecution party. According to them at about 6 a. m. on the day of the occurrence, P. W. 5, was allowing a cattle of his to graze the crops in one of their fields. At that stage some of the appellants went and seized the cattle and when they were taking the cattle to the pound, the prosecution party including. P. Ws. 8, 9 and others attacked them and rescued the cattle. At that stage in self defence they counter attacked them. Their case is that during that incident A-5 and A-8, were also injured. It is true that A-5 bad sustained three lacerated wounds and one punctured wound. The injury sustained by A-8 is only a bruise.