BRIJENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for five years by the Second Additional District & Sessions Judge, Saran, at Chapra by a judgment dated 23.12.1996 in Sessions Trial No. 171 of 1987/90 of 1989.

(2.) The case of the prosecution according to the Informant (PW-8) Vanshropan Singh and Vijay Kumar Singh, is that on 30.8.1985 when he was in his house along with his son Priya Ranjan and Pappu Singh and his daughter Lilawati Devi, the accused prsons came there and started assaulting him on account of earlier dispute pending between them in the court. In course of the assault, the Appellant is said to have given a chhura blow in the right side of the stomach of his son Priya Ranjan whereas accused Alakh Singh is said to have given another chhura blow to the right elbow of his son. Accused Kashi Nath Singh is said to have assaulted his daughter with brick-bats over her right leg. Accused Dewendra Singh is said to have given a lathi blow to the Informant but it did not hit him. The lady accused assaulted the lady inmates of the house and informant's son on account of which they also sustained injury. The accused persons also committed theft.

(3.) The defence pleaded not guilty and that they have been variously implicated on account of the fact that the Informant had managed to garb the land which rightfully was of the accused.