RAJA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 4, Indira Lal Singh has been convicted under Sections 324 of the Indian Penal Code, 1860 and has been sentenced to execute a bond of Rs. 2,000.00with one surety for keeping peace and good behaviour for a period of two years. Other appellants have been convicted under Section 323 of the Indian Penal Code, 1860 and have been sentenced to execute a bond of Rs. 2,000.00 each with two surety for keeping peace and good behaviour for a period of two years.

(2.) The prosecution case, in brief, is that on 29.1.1984 at about 6 a.m. when the informant, Ram Pravesh Singh (P.W. 4) was returning after easing, he saw that appellant Raja Singh was standing with a lathi on the ridge and appellant Sarba Nand Singh and Gyaneshwar Singh alias Laddu Singh were cutting the ridge of his field, situated in east of his boring and in south-east of his house. It has been further stated that when he protested and advised to get measurement done first, Raja Singh asked his son and the grand son to go ahead with demolition of the ridge and when the informant wanted to stop them appellant Raja Singh assaulted him with lathi causing injury on his left palm and wrist joint. It has been further stated that appellant Raja Singh asked his two sons Indralal Singh and Girja Singh to come with Garasi, whereupon appellant Indralal with Garasi and Girija Singh with iron rod came there and appellant Indralal Singh gave a Garasa blow causing injury on left side of his forehead and over head. It is further alleged that when the informant Ram Pravesh Singh fell down, appellant Sarband Singh and Laddu Singh assaulted him with lathi and appellant Girija Singh, assaulted him with rod. It is further alleged that when informant's son Ravindra, Mahendra and Devendra arrived at the place of occurrence on alarm raise by the informant and went to rescue him. Appellants Sarba Nand Singh, Girija Singh and Laddu Singh assaulted them also with lathi and rod. It was claimed that Ramanand Singh (P.W. 2) and Bijendra Singh (P.W. 1) and other villagers who had arrived there, had witnessed the occurrence and save them. The fardbeyan of Ram Pravesh Singh (P.W. 4) was recorded at 8.30 a.m. on 29.1.1984 at Neora Hospital by A.S.I. Indradeo Singh (P.W. 7) and on the basis the fardbeyan was registered against the appellant. After completion of investigation charge-sheet was submitted and cognizance was taken. Thereafter the case was committed to the Court of Sessions and the trial concluded with the result as stated above.

(3.) The appellants have pleaded not guilty and have stated that they have been falsely implicated in this case at the instance of their enemies.