RAVINDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 17.1.2000 passed by 5th Additional Sessions Judge, Gaya in Cr. Appeal No. 41/99 confirming the judgment dated 19.8.1998 passed by Judicial Magistrate, 1st Class, Gaya in G.R. case No. 2794/94, Trial No. 52/98.

(2.) The revisionists were charged under Sections 323 and 324 as also 326/34, IPC. The case of the prosecution as reported through the written report of the informant was that on 22.12.1994 at 5 p.m. the informant Ganesh Mahto and his brother Raghunandan Mahto were irrigating their field, suddenly two accused -revisionists came there armed with lathi and garasa The informant 'sbrother Raghunandan Mahto was assaulted with lathi by accused Ravindra Yadav. When the informant Ganesh Mahto came to rescue of his brother, he was subjected to assault with garasa by Surendra Yadav.

(3.) THE trial Court on the evidence adduced by the prosecution held the accused -revisionists guilty for the offences under Sections 323, 324 and 326/34, IPC. Both the revisionists were sentenced to undergo RI for two years for the offence under Section 326, IPC and six months RI for the offence under Section 323, IPC. No separate sentence was passed for the offence under Section 324, IPC.