MAHABIR PRAJAPAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 30th March, 1998 passed by the 4th Add. Sessions Judge, Gaya in Cr. Appeal no. 12/97/58/96 by which he has affirmed the conviction and sentence passed by the judicial Magistrate, Gaya in complaint case no. 478/92 Tr. No. 199/96 by which all the petitioners were convicted u/ss 323, 427, 447 and 504 I.PC. and were sentenced to undergo R.l. for six months each both under sections 323 and 427 and one year each under section 504 I.PC. The petitioner no. 2 was further convicted under section 325 I.P.C. and was sentenced to undergo R.l. for two years. However, all the sentences were ordered to run concurrently.

(2.) THE prosecution case in short is that the complainant filed a complaint I case before the learned C.J.M. Gaya stating therein that on 10.7.92 at about 9.00 I A.M. in the morning while he was ploughing his field with his son, the accused I persons came with Lathi in their hands I and began to abuse them in filthy languages. It has been stated that when the complainant protested the accused persons assaulted him and his son with Lathi which caused multiple injuries on their persons. In the complaint petition, it has been stated that the accused Mahabir assaulted the complainant by lathi which caused injuries on his buttock and back side. The accused/petitioner Kapildev Prajapati assaulted the complainant by Lathi which caused fracture of his left " hand. When his son wanted to save his father, he was assaulted by Bifla Devi by lathi causing injuries on his left shoulder and accused Kapildev Prajapati also assaulted Rabindra Prajapati by lathi, causing injuries on his thigh and back. It has been further stated that after causing injuries on their bodies as stated above, the accused persons also took away the oxen and destroyed the paddy crops worth Rs. 200/ -. The complainant thereafter went to police station with his son Ravindra Prajapat but no action was taken by the police. On the basis of the evidence and injury report learned Magistrate found that a prime facie case was made out and accordingly cognizance was taken and later on vide order dated 2.2.94 charges for the offence under sections 323, 427, 447 and 504 of the I.PC. were framed against all the three accused petitioners and charges under section 325 I.PC. was separately framed against accused Kapildev Prajapati. Thereafter, the trial concluded with the result as indicated above.