LAKHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Six accused persons including the three Appellants were put on trial by the learned Additional Sessions Judge-X, Gaya, in Sessions Trial No. 329 of 1987/147 of 1991 by framing the charges under different heads, individually and jointly. The learned Judge delivered the judgment of conviction on 21.12.1993 and found the three Appellants guilty while the remaining three accused persons were acquitted. Appellants Lakhan Singh and Adya Sigh were found guilty of committing the offence under Section 324 of the Indian Penal Code and each of them was directed to suffer rigorous imprisonment for six months whereas Appellant Vidya Singh was convicted under Section 323 of the Penal Code and was let off on due admonition. The Appellants have appealed against the judgment of conviction and order of sentence before this Court.

(2.) The prosecution story is contained in Ext. 1/1, the F.I.R. of the case, lodged by the informant Badri Singh in which it was stated that Appellant Lakhan Singh was grazing the paddy field of P.W. 4, the informant, by buffaloes and calves. The animals were captured by P.W. 4 with the aid of P.W. 3 Arvind Sharma so as to be taken to cattle pond. Appellant Lakhan Singh raised an alarm upon which the six accused persons named in the F.I.R. came there armed with bhala, garansa, etc. It is alleged that Appellant Lakhan Singh dealt a Garansa blow on the head of P.W. 4, but he was hit on his nose and some scratches were caused. Appellant Adya Singh is said to have given bhala blow in the thigh of P.W. 3 Arvind Sharma. It was further alleged that P.W.4 was assaulted with lathi by Appellant Vidya Singh on his leg as a result of which he fell down. The Appellants after assaulting P. Ws. 3 and 4 rescued the animals to take them to their house. P.W.1, Sheonandan Singh, P.W. 2 Lalji Singh, Deonandan Singh( not examined) and P.W. 6 Raj Kumar Mishra also reached at the scene of the occurrence and saw it.

(3.) It appears that the investigation of the case was conducted by S.I. Ashok Kumar Singh, P.W. 7. It further appears from the evidence and the documents that there was a counter version of the occurrence also in the form of Ext.A which was the F.I.R. instituted on the statement of Vidya Singh, Appellant No. 3 who alleged that the animals of the informant and others were grazing in the orchard of Appellant Vidya Singh which was objected to upon which the informant and others stated that they would get the whole of the orchard grazed and destroyed. That gave rise to an altercation upon which the witnesses, like, P.W. 1 Sheonandan Singh, P.W. 3 Arvind Sharma, P.W. 4 Badri Singh and two sons of P.W. 2 Lalji Singh arrived there with weapons and assaulted both the Appellants Adya Singh ad Vidya Sigh. The evidence of the Investigating Officer indicates that there were two places of occurrence which were recorded by him during the course of investigation. It is further stated by P.W.7 in his evidence that he had issued two injury reports and sent the injureds to the hospital for treatment and after completing the investigation submitted charge sheet.