PUKAR SINGH AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellants and learned counsel for the State.

(2.) The appellants have been convicted for offence under Section 307 read with 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for five years.

(3.) The prosecution case as alleged in the Fardbeyan by the informant Lalit Narayan Singh that on 03. 07. 1992 at about 12.30 afternoon, Pukar Singh aged about 20 years start plucking guava from the informant's tree when the informant protested then he abused and went to his house and came along with Daab and assaulted him by the Daab on the back of his head by which he got injured blood started oozing. It is further alleged that Rajeshwar Singh aged about 21 years assaulted him by his Bhala on his fore head by which he fell down. Thereafter Bharat Singh assaulted him with lathi and Janardan Singh assaulted him by slaps and fists. On hulla co-villagers Raj Nath Singh, Ganga Singh and others came and rescued him and then he taken to Government hospital Rajkiya, for treatment.