MANNU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant No. 2, Umakant Yadav has been convicted under Section 326 of the Indian Penal Code and was sentenced to undergo R.I. for two years. The appellant No. 1, Mannu Yadav has been convicted under Sections 326/34 of the Indian Penal Code and was sentenced to undergo R.I. for two years. The appellant No. 1 Mannu Yadav was further convicted under Section 341 ofthe Indian Penal Code but no separate sentence was passed against this section.

(2.) THE prosecution case in short is that on 19 -5 -1981, informant Jai Mandan Yadav went to take bath at the Government well. The well was dirty and the appellant Mannu Yadav and his son Umakant Yadav were also on the well at that time. The informant told both the appellants that the well was situated near their (Appellants) house and why did they keep the well dirty. Thereafter, there was altercation between the informant and the appellants. In the meantime, it has been alleged that the appellant Mannu Yadav caught hold of the informant and appellant Umakant Yadav went running to his house and brought one garasa. Thereafter he gave three garasa blows on the head of the informant. The informant having sustained the cut injury on his head fell down on the ground. On hulla, several persons (namely, Sakaldeo Yadav, Munilal Yadav, Mihi Lai Yadav and Govind Yadav) of the village assembled there and saw the occurrence. Thereafter, he was taken to Sabour hospital and from there he was sent to B.M.C.H., Bhagalpur for his treatment. His fardbeyan (Ext. 1) of the injured informant was also recorded by the police at Kotwali Police Station. On the basis of the fardbeyan of the informant, a formal F.I.R. of the case (Ext. 2) was registered at Sabour police Station against both the appellants. The police after completion of investigation submitted charge -sheet against the accused -personss. Accordingly, cognizance was taken and the case was committed to the Court of Sessions where trial concluded and the appellants were convicted as stated above. Hence this appeal. The appellants not guilty and have stated that they have been falsely implicated in this case.

(3.) P .W. 6, the informant has fully supported the case of the prosecution as narrated in his First Information Report. According to him, on 30th July, 1987 about 4 p.m. he had gone to take his bath on a Government well. The well was very dirty and he told the appellants that as the well was near their house and why did they keep the well so dirty. Upon this, the appellant Mannu Yadav started quarrelling with him and he caught hold of him and asked the appellant Umakant Yadav to kill the informant There was also altercation between them and appellant Umakant brought a garasa from his house and assaulted him on his head thrice having sustained injury he fell down. On alarm, witnesses came there and they saw the occurrence. Thereafter, he was taken on a bullock -cart to Sabour hospital since there was no doctor at Sabour hospital, he was sent to B.M.C. H., Bhagalpur where he was treated and his fardbeyan was recorded by the A.S.I. at Sabour Police Station.