BINDA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The four appellants have been convicted under Section 324/34 of the Indian Penal Code. Appellants 1 and 2, namely, Binda Choudhary and Purendra Choudhary have been let off on furnishing a bond under Section 360 of the Code of Criminal Procedure to maintain good behaviour for one year, whereas appellants 3 and 4, namely, Ram Lala Choudhary and Ram Babu Choudhary have been sentenced to undergo rigorous imprisonment for one year.

(2.) The prosecution case is that Sanjay Choudhary along with his sister Renu Devi was going towards the bus stand on 14.10.1988 at about 9 AM. When they reached near the house of Binda Choudhary, it is alleged that Binda Choudhary ordered, whereupon the accused persons assaulted the informant and his sister. Appellant Ram Lala Choudhary assaulted Bajrang Choudhary by means of a farsa, whereas appellant no. 2 Purendra Choudhary inflicted a lathi blow. Appellant Ram Babu Choudhary is said to have assaulted the informant with a farsa on his head. It is also alleged that they stole away a V.I.P. Briefcase and Rs. 420/- cash.

(3.) A defence has been raised on behalf of the appellants in which it is alleged that the appellants were assaulted by Binod Choudhary, Sanjay Choudhary, Manoj Choudhary, Haridwar Choudhary and Renu Devi. They have lodged Complaint Case No. 869 of 1988, which was tried vide Trial No. 56 of 1994. The informant of this case along with others were acquitted vide judgment dated 22nd April, 1994 passed by Shri Vinay Ranjan Govind, Judicial Magistrate, 1st Class, Muzaffarpur. Subsequently, they filed appeal against the judgment of acquittal, which was dismissed by this Court on 02.05.2011. According to the appellants, it is a case of fight which took place between both the parties in which both parties have received injuries.