KAMLESHWARI PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred by convicts Kamleshwari Paswan and Manoj Paswan, who were convicted under Section 307, INDIAN PENAL CODE, 1860 and sentenced to undergo R.I. for five years. They were further convicted under Section 447, INDIAN PENAL CODE, 1860 and sentenced to undergo R.I. for three months.

(2.) The case of the prosecution in a nut shell, as per the fardbeyan of Narsing Paswan is to the effect that on 3.6.85 at about 10-11 a.m., accused Kamleshwari and Manoj along with others were plucking mango fruits from the orchard of the informant's brother, Amrit Paswan. Amrit Paswan and informant Narsing Paswan went to the orchard and protested to the Act of the accused, whereupon the predator abused the informant and his brother. Manoj Paswan at the instigation of Thakur Paswan, assaulted the informant Narsing Paswan with spade from its blade portion. The informant sustained injury on his head. Subsequently, he was also subjected to assault by other members of the accused party with fists and he was also kicked. The informant's brother, Amrit Paswan, was assaulted by Kamleshwari Paswan with spade by its blade portion. When alarm was raised Burhan Paswan and Kachauri Paswan gathered, which made the accused-persons flee away the scene of occurrence.

(3.) The defence of the accused-appellants through their own fardbeyan was to the effect that there was litigation between themselves and the informant party for which they came to his house, on the same day and pressed for withdrawing those cases. When Kamleshwari did not comply with the request. Kamleshwari Paswan and Muneshwar Paswan were subjected to assault with farsa. One Yogendra Paswan assaulted Muneshwar Paswan, son of Kamleshwari Paswan with lathi. Kamleshwari Paswan was further assaulted with lathi by Yogendra, Perma and Kanist Paswan. Villagers gathered and then the informant party took to their heels. This story of defence was contained in the fardbeyan of Muneshwar Paswan, son of appellant Kamleshwari Paswan, the certified copy of which was exhibited as Ext. 'A'.