STATE OF BIHAR Vs. RANJIT SAO

JUDGEMENT

(1.) The two Criminal Appeals, i.e., Cr. Appeal Nos. 286 of 2007 and 318 of 2007 preferred by the convicts of Sessions Trial No. 1251 of 1998 as also Criminal Revision petition No. 144 of 2007 filed by the informant P.W.1 and the Govt. Appeal No. 7 of 2007 arise out of judgment dated 24.1.2007 passed by the learned Additional Sessions Judge XI, Patna, in the above noted Sessions Trial. They were heard together and are being disposed of by the present common judgment.

(2.) Appellant Ranjit Kumar Sao was the only accused sent up by the police on the basis of Ext.1, the fardbeyan of P.W.1 Brahmadeo Prasad. The three appellants of Cr. Appeal No. 286 of 2007 were not sent up for trial by the police. The informant, P.W.1, filed a complaint petition (Ext.2) and after an inquiry under Section 202 Cr. P.C. the three appellants, namely, Jhulan Yadav, Lalan Yadav and Sukesh Yadav were summoned by the Chief Judicial Magistrate, Patna, and their case was also committed to the court of Sessions as a result of which they were tried together which, lastly, ended in the impugned judgment.

(3.) The fact of the case is that the informant, who was the Deputy General Manager of the Bihar State Co-operative Bank, was coming on 18.9.1996 at about 5.30 P.M. by his scooter from his office to his house situated at Village Yogipur. When he reached near the house of one Hariom Sao on the road he saw that appellant Ranjit Kumar Sao was standing there with other five-six friends of his. P.W. 1 identified the four appellants and could not identify the other two or three. All the accused came in front of the scooter of P.W. 1 who was forced to stop the two wheeler. As soon as the two wheeler was stopped, it is alleged, appellant Ranjit Kumar Sao dealt a fasuli blow on the informant on his face as a result of which the informant fell down. Appellant Ranjit Kumar Sao along with other appellants and their unknown companions, thereafter, dealt incessant fasuli blows on different parts of the body of P.W.1. The informant attempted to fend himself by raising his two hands as a result of which his hands were also injured and he kept rolling on the ground while the appellants and their companions continued giving blows with fasuli.