JAGESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 325 of the Indian Penal Code and sentenced for three years rigorous imprisonment by the Sessions Judge, Gaya, by a judgment dated 4.7.1996 passed in Sessions Trial No. 174 of 1992.

(2.) The prosecution case according to one Razia Devi is that on the previous day of 6.4.1991 when her son Rambal Yadav was irrigating his onion field, the Appellants came there armed with Garansa and Bhala. On seeing them, the Informant cried out at which her son Rambali Yadav attempted to ran away but Appellant Jageshwar Yadav is said to have given a Garasa blow on the head of her son on account of which he fell down and, thereafter, the Appellants further assaulted and when the 2 Informant attempted to save her son, she was also assaulted. On hearing cries, the daughter-in-law came who was also chased by the accused persons for which she entered the house of one Tikam Mahto where the accused persons ransacked his house. The Appellants also came along with other relatives and damaged tiles of house of the Informant.

(3.) The prosecution examined nine witnesses to prove its case out of whom PW-2 and PW-3 have been tendered whereas PW-7 is the Investigating Officer and PW-8 is the Doctor who examined the injured and the Informant as well as PW-9. PW-6 is the Informant whereas PW-1 is the son of her brother-in-law. PW-5 is her son Rambali Yadav and PW-9 is her brother-in-law who was injured. Even though, PW-5 has stated that he was eye witness to the occurrence but in his cross-examination he admitted that he was not sure as also that there was a land dispute between the parties. PW-5 is the son of the Informant who has stated about the place of occurrence as also the weapons with which the injured was assaulted.