DAROGI SINGH & ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 324/149 of the Indian Penal Code and sentenced to rigorous imprisonment for two years and also a fine of Rs. 500/- each to be paid to the injured person by Patna High Court CR. APP (SJ) No.101 of 1997 dt.11-07-2011 2 the Additional Sessions Judge, Munger, in Sessions Case No. 341 of 1990 by a Judgment dated 28.2.1997.

(2.) The case of the prosecution according to the Informant Ramdeo Singh is that on 26.3.1988 when he found Bamboo shoots being cut by the accused persons from his field, they protested at which the accused persons variously armed came and assaulted the Informant and seven others.

(3.) During trial, the prosecution examined eight witnesses out of whom PW-1 is on the point of the sale deed of the accused persons from one Chhabila Devi as gift and that the Bamboo clump fell in the share of the Informant which the accused persons were attempting to cut. PW-2 Parshu Ram Singh another eye witness completely supported the case of the prosecution on the manner and place of occurrence. PW-3 another eye witness fully deposed in favour of the prosecution as an eye witness. PW-4 the 4th eye witness also deposed that the Bamboo Clump fell in the share of the Informant and accused persons had attempted to forcibly cut it away and when protested, the injured had been assaulted. PW-5 Ramdeb Singh is the Informant who has given the same version as he had in the Fardbeyan. PW-6 is the next injured witness and stated that he also had been assaulted in the transaction when he protested over the action of the accused persons. PW-8 is the Investigating Officer whereas PW-9 is the Doctor who found injuries on all the witnesses.