RAJA RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , namely, Raja Ram Yadav and Radhey Yadav have been convicted under section 324 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year each. Appellant, Rama Yadav, has been convicted under section 325 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years. Appellant, Beyas Yadav, has been convicted under section 323 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 6 months.

(2.) THE prosecution case, in brief, is that on 26.6.1981 at about 3 P.M. informant alongwith co -villagers Sheopujan Pandey, Ram Pravesh Pandey, Laldeo Pandey, Sarva Pandey, Ajhat Pandey and others had gone to the field of Sheopujan Pandey where paddy seeding was transplanted. It has been alleged that this land was purchased from Rewati Raman Yadav some five years ago and since then the land had been coming in possession of Sheopujan Pandey. On 25.6.1981 when Sheopujan Pandey went to plough his field then Rajaram Yadav and others had protested, it has been further stated that Rewati Yadav happens to be the uncle of appellant Rajaram Yadav and others. The informant had gone there to persue them as to why they were doing such an act when the land actually belongs to Sheopujan Pandey. When they were talking about ploughing, Rajaram Yadav, Radhey Yadav, Raman Yadav and Beyas Yadav of Chetaria Bigha came there and abused the informant. Rajaram Yadav attacked with Garasa on his head and he wants to kill him because he used to hold Panchayati. It has been further alleged that Radhey Yadav inflicted Bhala below on the right leg of the informant. Raman Yadav assaulted with Lathi on wrist of the left hand and Beyas Yadav assaulted the informant with lathi on his right shoulder. The informant fell down as a result of assault and thereafter the appellants fled away. The informant was brought to Daudnagar Hospital at the residence of medical officer incharge on a cot, where he was treated and his fardbeyan was recorded. On the basis of the aforesaid Fardbeyan an F.l.R. was drawn up. After completion of invesigations the police submitted charge sheet against the appellants. Thereafter the cognizance was taken and finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE appellants pleaded not guilty and have stated that they have been falsely implicated in this case.