PAWAN KUMAR SINGH Vs. STATE OF BIHAR WITH

JUDGEMENT

(1.) Heard Mr. Ajay Mishra, learned Amicus Curiae, for the appellants and Mr. S. N. Prasad, learned A. P. P. , for the State.

(2.) The present appeal is directed against the judgment and order dated 13.10.1999 passed by the learned Ist Additional Sessions Judge, Munger in Sessions Trial No. 113 of 1986 by which the appellants have been convicted for the offence punishable under Sections 323 of the Indian Penal Code and ordered to execute a bond of Rs. 2,000/- with one surety for maintaining peace and good behaviour for a period of one year under Section 4 of the Probation of Offenders Act.

(3.) The prosecution case is based on the fardbeyan given by one Ramawatar Singh on 28.11.1984 who has alleged that his son Binod Kumar was sitting at the Dalan of Rameshwar Singh on 27.11.1984 at about 6.30 p. m. In the meantime, Ajay Kumar, nephew of one Bhaso Singh came and told Binod Kumar that he was called by some of his relatives near the post office, on which, Binod Kumar proceeded ahead with Ajay Kumar towards the post office. Shortly, thereafter, the informant also went behind them and saw that one Bhola Singh and the appellants were assaulting Binod Kumar by fist and lathi. The informant tried to intervene, whereupon, Bhola Singh inflicted a farsa blow on the head of his son due to which he fell down. Several witnesses came at the place of occurrence and after their arrival appellant no. 1, namely, Pawan Kumar Singh is alleged to have opened fire in the air and thereafter the accused persons fled away. The informant's son was taken to hospital for treatment.