R BISHUL RAI Vs. STATE

JUDGEMENT

(1.) This criminal appeal is preferred against the order dated 15.5.1982 passed by Additional Sessions Judge, Ghazipur in S.T. No. 181 of 1981 convicting the appellants Ram Bishal Rai, Sheo Kumar Rai, Bali Ram Rai, Nagina Rai and Kamala Rai under section 395 I.P.C. and sentencing them for four years R.I.

(2.) The brief facts which give rise to this appeal are that the appellants along with other two accused persons were committed to the Court of Session to face trial for the offence punishable under section 395 I.P.C.

(3.) The prosecution story briefly stated is that the complainant is a resident of place Mutazipur P.S. Mohammadabad and one of his plot lies in Village. Towards north of the complainant aforesaid chak, there is chak of accused Bilas Rai resident of Murtazipur. The relations between the complainant and the above said appellant were strained on account of dispute regarding the mend. The appellant went to cut his crop according to the measurement but the accused Ram Bishul Rai was disputing accusing the complainant with the allegation that the complainant has got cut the crop standing in adjoining field. The complainant has also sown his wheat crop and other crops and his plot no. 20 situated in village Hatimpur and the said crop was reaped by the complainant including the wheat crop. The wheat crop was cut on 4th April, 1977 but the same was left in the field and could not be brought to the field from the khaliyan but the said wheat crop was arranged in bundles and the said bundles were left in the said field. As the chak was adjoining to the village no one was there to look after the crop. At the time of occurrence in the said night the complainant went to see the said crop along with the witnesses. Thereupon the complainant and the said witnesses saw about 25 persons picking up the said bundles of crop belonging to the complainant. Along with those persons appellant was found having lathis with them and taking the crop bundles on their heads. The complainant and the witnesses raised alarms and challenged the accused persons. Thereupon the accused Ram Vishal Rai told the complainant that they are taking the said crop in exchange as the complainant had also taken their crop. Thereupon, the complainant moved ahead and wanted to stop their way then the accused persons started assaulting the accused with lathis. The complainant also used lathis in his self defence. The other assailants of the accused side could not be identified in the night. The accused had taken away 50 bundles of crop worth Rs.500.00 leaving some crop in the field. The witness also arrived on the scene and also saw the occurrence. The complainant sustained injuries and these injuries were examined in Primary Health Centre, Mohammadabad. F.I.R. was not recorded at the police station, therefore, the complaint was handed over to S.P. Ghazipur. Thereafter an application under section 156(3) Cr.P.C. was got prepared and was filed in the Court of leaned Magistrate to commit the case to the Session. The accused persons were charged with offence under 395 read with section 397 I.P.C.. The accused persons claimed not guilty.