NAWAL KISHORE PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Nawal Kishore Pandey, Nand Kishore Pandey and Braj Kishore Pandey have been convicted under section 324 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years each. Appellants, namely, Shyam Kishore Pandey, Raj Kishore Pandey and Sunil Kumar have been convicted under Section 324/149 of the Indian Penal Code have been sentenced to undergo rigorous imprisonment for three years.

(2.) THE prosecution case, in brief, is that on 18.12.1985 at about 9 A.M. the informant Nawal Kishore Sharma (P.W. 6) along with Sanjay Kumar (P.W. 4) and Ram Sewak Singh (P.W. 3) was demolishing the old boundary wall belonging to Ram Sewak Singh. In the meantime all the appellants armed with deadly weapons like Tangi, Khanti etc. came there. It has been further alleged that on the order of Raj Kishore Sharma, appellant Nand Kishore Pandey gave a Tangi blow on the head of Sanjay Kumar on which he fell down. Thereupon, appellant Nand Kishore Pandey gave several blow from back of the Tangi on his chest and other parts of his body. It has been further alleged that the appellant, Nawal Kishore Pandey assaulted Ram Sewak Singh with Khanti on his head on which he also fell down. The informant tried to save him upon which appellant Braj Kishore Pandey assaulted him with Khanti on his head. He also fell down. Thereafter all the appellants assaulted him on his hand, back etc with bricks and back portion of Khanti. It has been further alleged that Mukti Prasad Singh (P.W. 2), Ram Chandra Singh (P.W. 5) and others were present at the time of the occurrence and when they attempted to save them, appellant Sunil Kumar threatened them with pistol. It has been further alleged that thereafter the villagers brought all the injured to Mokameh Hospital for treatment. Thereafter the informant gave a written report before the police. On the basis of the written report a formal F.I.R. was drawn up. After completion of investigations the police submitted charge sheet. Thereafter the cognizance was taken and finally the trial concluded with the result as indicated above. Hence this appeal.

(3.) THE prosecution in order to prove its case has examined altogether eight witnesses. P.W. 1 is Rajendra Singh. P.W. 2 is Mukti Prasad Singh. P.W. 3 is Ram Sewak Singh. P.W. 4 is Sanjay Kumar. P.W. 5 is Ram Chandra Prasad Singh. P.W. 6 is Nawal Kishore Sharma. P.W. 7 is M. Khan and P.W. 8 is Sheo Chandra Prasad Singh. P.Ws. 4, 5 and 6 are injured. P.W. 6 is informant. P.W. 8. is a formal witness.