LAWS(PAT)-2011-7-38

RAM CHANDRA YADAV Vs. STATE OF BIHAR

Decided On July 14, 2011
RAM CHANDRA YADAV Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) ALL the appellants have been convicted u/s.307/34 I.P.C. and sentenced to R.I. for seven years and appellant no.1 has further been convicted u/s.324 I.P.C. and sentenced to R.I. for three years as also the appellant no.2 has been convicted u/s.325 and sentenced to R.I. for five years whereas appellant no.3 has been convicted u/s.323 I.P.C. and sentenced to R.I. for one year by a judgment dated 29.7.1997 and 30.7.1997 passed by the 6th Additional Sessions Judge, Gaya in Sessions Trial No.107 of 1993/ 590 of 1992.

(2.) THE case of the prosecution according to P.W.4 Kauleshwar Rajak is that on 6.10.1991 while he was at his paddy fields, he saw the accused persons draining out irrigational water from his field by making a hole in the ridge, at which he attempted to stop them. At this, all the accused persons got enraged and assaulted him. Ram Chandra Yadav is said to have welded a farsa blow, which hit him on his left fore arm, whereas appellant Sanjay Yadav is said to have hit him over his arm and leg and when the informant fell down Prabhu Sao also assaulted him with a lathi. THE informant was then removed to the Hospital. It was mentioned in the First Information Report that there was land dispute between the parties.