SAGAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) Sagar Chaudhary, the appellant has been convicted under Sections 326 and 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years for offence under Section 307 I.P.C. and further sentenced to undergo rigorous imprisonment for seven years for offence under Section 326 of the Indian Penal Code. However, it has been ordered that both the sentences shall run concurrently.

(3.) The prosecution case as alleged in the Fardbeyan of the informant Rajendra Chaudhary that while he was going to market from his house then he met Sagar Chaudhary on the road and he enquired from Sagar Chaudhary about collection on the eve of Durga Puja and expenses then Sagar Chaudhary abused and on protest he went toward his house and returned with a Farsa along with his father Ram Bhajju Chaudhary and his mother Ritia Devi who were also armed with lathi and assaulted. Ram Bhajju Chaudhary gave farsa blow which hit left hand thumb causing amputation of his thumb and he fell unconscious. It is alleged that accused persons have injured him by lathi and farsa. On the basis of Fardbeyan, F.I.R. was lodged. After investigation charge sheet submitted and cognizance has been taken for offence under Section 324, 326 and 307 I.P.C. and the case was committed to the Court of Sessions. Charges were framed for offence under Section 307 I.P.C. against three accused Ram Bhajju Chaudhary, Sagar Chaudhary and Mitia Devi. Further charge was framed for offence under Section 326 against Sagar Chaudhary and charge under Section 323 was framed against Mitia Devi.