RAMASHANKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD. The Appellants have been convicted under Section 307/34 of the Indian Penal Code and sentenced them to seven years rigorous imprisonment under Section 426 of the Indian Penal Code and sentenced to one month rigorous imprisonment. The Appellant No. 2 has further been convicted under Section 379 of the Indian Penal Code and sentenced to one year rigorous imprisonment by the 1st Additional Sessions Judge, Buxar in Sessions Trial No. 699 of 1989 by a Judgment dated 5.12.1994.

(2.) THE case of the prosecution is that when the Informant found the accused persons cutting the ridge of his field and amalgamating it in their own land, he protested at which Appellant Awadhesh Pandey gave a Garasa blow on his head. When PW-2 came to intervene, Appellant Rama Shankar Pandey gave a Garasa blow on his head whereafter he was also assaulted by Appellant Daya Shankar Pandey with lathi. PW-3 the other brother of the Informant was assaulted by accused Vijay Shankar Pandey whose trial was separated on account of him being a Juvenile.