NAGDEOG TEWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 436 and 341 Indian Penal Code, 1860 and sentenced to RI for four years and 15 days respectively and a fine of Rs. 500/- in default of which one month SI by the 9th Additional Sessions Judge, Ara in S.Tr. No. 500 of 1986 by a judgment dated 15.07.1995.

(2.) The case of the prosecution according to the informant P.W. 3 Adalat Nat is that on 20.03.1986 an altercation took place between the informant and P.W. 4 Ram Devi at which he assaulted her with lathi on her head. The informant was assaulted with fists and slaps. Later on the same day at 9.30 P.M. the Appellant came to the house of the informant and started abusing and when he protested he forcibly took away Bishwanath Nat to assault him and when P.W. 2 and P.W. 5 arrived there he was extracted. Then at the instance of the absconding accused Bengali Nat Appellant is said to have set fire to the house of the informant in which his hut and household articles were burnt.

(3.) The prosecution has proved six witnesses and exhibited certain documents to prove its case. P.W. 5 Mahabir Dubey has been declared hostile whereas P.W. 4 Randeo Devi who was assaulted by the co-accused has been tendered. P.W. 3, Adalat Nat is the informant of the case whereas P.W. 1 is Vishwanath Nat who had been confined by the accused persons. P.W. 2 is a witness on the occurrence whereas P.W. 6 is the Investigating Officer.