DEVENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) When this appeal was taken up for hearing, nobody appeared on behalf of the appellant. This appeal is, therefore, being disposed of after perusing the material on record in view of the principle laid down in the decision of the Supreme Court in Bani Singh V/s. State of U.P., 1996 AIR(SC) 2439

(2.) This appeal is directed against the judgment and order dated 17.5.1989 passed by 1st Additional Session Judge, Vaishali at Hajipur, convicting and sentencing the appellant to undergo RI for 1 year and 6 months under Section 324 of the Indian Penal Code.

(3.) The case of the prosecution as disclosed in the fardbeyan (Ext. 2) of the Informant Jogendra Paswan (PW 7) recorded on 5.5.1981 at 11.25 a.m. at Mahnar State Dispensary is that on the same day at about 9.30 a.m. the Informant was engaged in constructing his house and for that purpose, he was bringing water from a well belonging to co-accused Paras Singh situate on the south-west corner of the Informant's house and about which one day prior to the occurrence co-accused Paras Singh had asked to the Informant not to fetch water from that well. The Informant at that time saw the appellant along with co-accused Paras Singh, Ram Dayal Singh and Ram Pujan Singh in the field of Paras Singh and when the Informant sat for urinating co-accused Ram Dayal Singh ordered the appellant and anther co-accused-persons to assault the Informant on which the appellant gave three blows by a fasuli which is used in tapping palm tree while other co-accused-persons had surrounded the Informant. The Informant after receiving three injuries by fasuli on his neck fell down and the appellant then again gave another blow by fasuli on his back. On the alarm raised by the Informant witnesses, namely, Vijay Sah (PW 5), Bihari Sah (PW 6), Bhuvneshwar Singh (not examined) and Rajendra Sao (not examined) came there and scolded the appellant and his companions and thereafter brought the Informant to hospital for treatment. On the basis of the fardbeyan of the Informant. Formal FIR (Ext. 1) under Sections 342/324/307 of the Indian Penal Code was first drawn up against the appellant and three co-accused-persons, namely, Ram Dayal Singh, Paras Singh and Ram Pujan Singh and after investigation charge-sheet under the aforesaid sections was submitted against the appellant and aforesaid co-accused-persons.