MUNI LAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants suffered conviction under Section 307/149 of the Indian Penal Code (IPC) and were sentenced to suffer rigorous imprisonment for a term ten years on accusation that on 16/01/1990, in the early hours of morning, when Bindeswari Devi (PW 1) had gone to fetch water from the handpump, a protest was registered by Muni Lal Paswan, who had been claiming the hand pump to have been installed at his instance. It was alleged that there was exchange of abuses between them, pursuant to which on call given by Muni Lal Paswan, other appellants came there holding wooden substance with them and in quick succession, Muni Lal Paswan dealt blows with the spade on the head of Bindeshwari Devi, after Mohit had caught hold of her. It was alleged that when other family members including Lachchia Devi, Saraswati Devi, Sheoji Paswan and others came for rescue of Bindeswari Devi , they too were intended to be assaulted and after they rushed to their houses, they too were assaulted by the appellants when Sarastwati Devi, Sheoji Paswan and others suffered injuries on their persons. The injured were carried to Purnea Hospital where statement of Sheoji Paswan (PW 3) was recorded by the Police, which formed the basis of the first information report, drawn up at the Police Station.

(2.) After the Police was set in motion, investigation commenced and, in course of investigation, the Police recorded statement of a number of witnesses under Section 161 of the Code of Criminal Procedure, got the injured clinically examined by the doctor inspected the place of occurrence, and on conclusion of investigation, laid charge sheet before the Court. In the eventual trial, the State examined altogether nine witnesses and also brought on the record, some documents which are the injury reports and also admission register of the Purnea Hospital. The witnesses examined by the State also include Bindeswari Devi and also Sheoji Paswan, who were injured in the incident. The State also examined two doctors who examined the injured and also the Police Officer who visited the place of occurrence.

(3.) The defence of the appellants before the Court below and also this Court had been denial of the allegations and false implication, due to persisting land dispute between the parties with regard to installation of the hand pump. The defence of the appellants was also that Bindeshwari Devi suffered injury on her person due to fall on a hard substance and, the trial Court while negativing contentions raised on behalf of the appellants, rendered verdict of guilt, finding the appellants guilty under Section 307/149, IPC and sentenced them in the manner stated above.