RAM BACHAN SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the appellants went for trial for commission of an offence punishable under Section 307 read with 34 of the Indian penal Code (IPC), trial Court finding them not guilty under Sections 307/34, IPC. rendered verdict of guilt under Section 325/34, IPC and sentenced them to suffer rigorous imprisonment for three years each.

(2.) FACTUAL matrix emerging from fardbeyan of Daso Devi (PW 1), which she rendered before Shri B. K. Singh, Sub -Inspector of Police at Nasiriganj State Dispensary, on 4th August. 1982, was that on the said date, while her husband Kapil Thakur (PW 8) had been to flour mill of Ram Bhajan Singh for crushing wheat and was coming back, he was intercepted by the appellants who tied him, carried to the house of Laxman Singh and assaulted him with fists, slaps and also wooden substance. After alarm was raised, she rescued ner husband from the appellants, got him clinically examined by the doctor of Nasiriganj Hospital and rendered statement before the Police setting it is motion, on strength of which first information report was drawn up at Nasiriganj Police Station at 23.45 hours on 4th August, 1982 and investigation commenced. During investigation, police recorded statement of witnesses under Section 161 of the Code of Criminal Procedure secured injury report from the doctor, who attended Kapil Thakur, visited place of occurrence and on conclusion of investigation, laid charge -sheet before the Court. Appellants on being committed to the Court of Session, were eventually put on trial.

(3.) FOR analysis of the credibility of the witnesses, one has to delve on the testimony which they rendered before the Court. Daso Devi (PW 1) happens to be wife of Kapil Thakur and the person who set Police in motion, shortly after her husband sustained injuries at the hands of the appellants. In her evidence, she would reiterate the narrations made by her in her earlier version before the Police about her husband having been intercepted by the appellants near the flour mill where he had gone for crushing wheat and from where he was taken to the house of Laxman Singh where his thumb impression on a stamped paper was secured by the appellants and was eventually assaulted by them. As for genesis of the incident, she would state that her husband had secured a loan of Rs. 1200/ -, from the appellants in exchange of which he had made over one bigha of land to them, which was still in their possession, and, as her husband wanted release of the land on payment of money, for which they were not agreeable, and hence the incident. Kesh Nath Thakur (PW 2) was the son -in -law of the injured. He would state before the Court that on 4.8.1982, when the incident took place, he had been to his sasural and had gone to the flour mill where his father -in -law was intercepted by the appellants who tied him and carried him to the house of Laxman Singh where his thumb impression was secured on a stamped paper and was also assaulted by them by fists and wooden substance. He would state that they had been pressing his neck with aid of some wooden substance, as consequence of which. Kapil Thakur got non -conscious and also sustained fracture injury on his person, pursuant to which he had been treated in Nasiriganj Hospital. Sri Niwas Thakur (PW 3) happened to be the son of the injured and he would make similar narration as that of his mother about his father having been intercepted by the appellants near flour mill of Ram Bhajan, from where he was taken to the house of Laxman Singh where his thumb impression was secured on a plain paper he was also assaulted by them. As for mode of assault, he would allege that the appellants were pressing his neck with aid of wooden substance and also pressed his chest as a consequence of which Kapil Thakur got unconscious and shortly thereafter he was admitted to Nasiriganj hospital when he regained his consciousness and got himself treated. As for genesis of the incident, he would make similar narration as that of his mother about his father having secured loan of Rs. 1200/ -from the appellants for exchange of one bigha of land from them. More or less similar narrations were made by Amavashya Yadav (PW 4) also about interception of Kapil Thakur by the appellants near the flour mill of Ram Bhajan Singh and eventual assault on him by them at the house of Laxman Singh where his thumb impression was also secured by them on stamped paper. PW 8 happens to be none else but the injured himself who narrated about having been intercepted by the appellants near the flour mill of Ram Bhajan Singh where he had gone for crushing wheat. They tied his hands with rope and took him to the house of Laxman Singh where his thumb -impression was secured on stamped paper and was also subjected to assault by them. He too alleged about pressing of his neck by the appellants. He was admitted to Nasiriganj Hospital where he regained consciousness and rendered his statement before and police. He remained admitted in the hospital for about 20 -30 days where the injured part of the body was also X -rayed on the advice of the doctor and as for genesis of the occurrence, he would repeat the version of his wife. Awadhesh Thakur (PW 5) was tendered by the prosecution and there was nothing material in his evidence to merit consideration. Suleman Ansari (PW 6) stated to have noticed Kapil Thakur injured. As this witness turned hostile, his attention was drawn by the state towards his earlier version rendered before the police obviously to impeach his testimony. Be that as it may, he was a witness who had turned volte -face to the prosecution about factum of assault of Kapil Thakur.