SURESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the State.

(2.) The present appeal is directed against the judgment and order dated 29.06.1996 passed by the learned Xth Additional Sessions Judge, Patna, in Sessions Trial No.648 of 1988/102 of 1995 by which he has convicted appellant no.1 Suresh Yadav @ Surendra Prasad under Sections 148 and 324 of the Indian Penal Code and the other four appellants, namely, Randheer Yadav, Ranjeet Yadav, Jitendra Yadav and Rajendra Yadav under Sections 147 and 323 of the Indian Penal Code. Appellant no.1 Suresh Yadav @ Surendra Prasad has been sentenced to undergo rigorous imprisonment for six months both under Sections 148 and 324 of the Indian Penal Code whereas the other four appellants have been sentenced to undergo rigorous imprisonment for three months each, both under Sections 147 and 323 of the Indian Penal Code. However, the sentences passed by the trial court have been ordered to run concurrently.

(3.) The prosecution case is based on the fardbeyan of C.W.1 Bhusi Yadav which was recorded on 06.07.1982 at 3.15 p.m. by Sub- Inspector of Police Krishna Prasad in Naubatpur hospital with respect to an occurrence which is said to have taken place on the same day at 12.30 p.m. It has been alleged in the fardbeyan by the informant that there was an ongoing dispute between parties for six kathas land. One Amin was requisitioned for conducting measurement of the land. The land, in question, situates near the house of the appellants. When the Amin was going back after taking measurement, appellant no.2 Randheer Yadav, threw a brick which hit Satyendra Yadav, grand-son of the informant as a result of which he sustained injury. At that point of time, the informant alleges that his family members, namely, Vijay Kumar Singh, Ram Pervesh Yadav and Satyadeo Yadav were also present. The informant further alleges that the appellant no.5 Rajendra Yadav, exhorted his sons to kill the informant. In the meantime, the appellant no.1 Suresh Yadav @ Surendra Prasad Yadav armed with farsa, appellant no.3 Ranjeet Yadav and appellant no.4 Jitendra Yadav armed with lathi and appellant no.2 Randheer Yadav having brick in his hand mercilessly assaulted the informant and injured him badly. The informant raised hue and cry, and thereafter, his family members also rushed to the place of occurrence. The accused persons after assaulting the informant fled away. The informant specifically states that he received cut injury on his head by farsa and sustained several other injuries all over his body. He states that his family members took him to hospital where he was under going treatment.