BANDE LAL SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the judgment dated 20/2/2001 passed by the AddI. Sessions Judge VI, Purnea, in Cr. Appeal No. 40/1994 - 17/2000, confirming the judgment of the, trial Court dated 22/4/1994 rendered by the Judicial Magistrate 1st Class in GR case No. 1138/84, trial No. 715/94. Revisionist No. 1, Bande Lal Sah was convicted under Sections 323/34. IPC and was sentenced to undergo SI for 3 months and he was also convicted and sentenced to one month SI under Section 24 of the Cattle Trespass Act. Revisionist No. 2, Subodh Sah, was convicted under Section 325. IPC and was sentenced to undergo RI for one years. He was further convicted under Section 24 of the Cattle Trespass Act and sentenced to undergo SI for one month. Sentences passed against the revisionists were directed- to run concurrently.

(2.) The fard-beyan of the informant Bhola Sah, gave rise to the case wherein it was alleged that on 12/6/1984, these two revisionists were grazing Mung crops in his field situated in village Charari. When the informant protested to the grazing in the field and was about to take cattle-heads to the pound the two revisionists overpowered him and assaulted him with dabia and lathi, Dabia was wielded by Bandelel Sah and Sudodh Sah dealt lathi blow on him resulting in breaking of his five teeth. When the cattle-heads were being taken to the pound by the informant, these two revisions is called out other accused who also subjected the informant to assault. Two other accused persons facing trial were acquitted by the appellate court although convicted by the trial court.

(3.) The accused-revisionists took the defence of false implication.