BINDESHWARI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- Mr. Sunil Kumar counsel for the appellant has stated that he has received no instruction from his client, as such, he does not want to press this application. In such a situation Mr. Chandra Shekhar Jha is appointed as amicus curiae to assist the Court.

(2.) The sole appellant has been convicted under S. 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. He has been further convicted under S. 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 500/-, in default, to undergo rigorous imprisonment for six months. A direction has been given that if and when the fine will be realised, Rs. 300/- will be paid to the informant by way of compensation.

(3.) The prosecution case in short is that the informant had grown vegetables like lady finger, pumpkin, chilli etc. in plot No. 775 appertaining to Khata No. 502 situated south to the house of the informant. It has been stated that the appellant was plucking vegetables from the aforesaid field. When the informant protested the accused hurled filthy abuses. An altercation took place and the accused-appellant went to his house and brought a Fasuli and hurled two Fasuli blows on the person of the informant causing him injuries over his neck and forearm etc. The father of the informant came to intervene. The accused by brick-bats broke his one tooth. His another tooth was also affected by the injuries caused by brick-bats and became loose. After completion of the investigation the police submitted charge-sheet, cognizance was taken and subsequently the trial concluded with the result as stated above.