RAM UCHIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned counsel for the appellants informs this Court that Parmeshwar Singh, appellant No. 2 has passed away during pendency of this appeal. However, no application has been filed, regarding this aspect. This fact would need to be ascertained by the trial Court and if, it is found that it is true, the appeal against him shall stand abated, if not he will be covered by the judgment and order in this case.

(2.) The appellantr have been held guilty for offences under Sections 447, 325, 323, 341 and 427 of the Indian Penal Code and convicted to undergo R1. for six months for each of the offences, by the Sessions Judge, Samastipur in Sessions Trial No. 43 of 1997. It was ordered that all the sentences shall run concurrently.

(3.) The case was instituted by Sukhdeo Mahto on 29.7.1996 alleging that two days prior to the occurrence Ram Uchit Singh had cut bamboo trees which were hanging in the portion of land belonging to the accused. On the date of occurrence i.e. on 27 7.1996 the appellants began to cut the bamboos etc. belonging to the informant. It is said that the mukhiya came to the spot and protested. In the meantime, it is alleged that the appellants armed with lathi and Murigra (a long wooden rod/stick with flat base used for the purpose of pounding gram) assaulted the informant on the head and other parts of the body. His son Arjun Singh and Rajendra Singh also received injuries inflicted by the appellants. It is said that when his wife Rampari Devi came to intervene, she too was assaulted as a result of which she fractured her hand.