SUDARSHAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FARDBEYAN of Sita Rai is recorded by the Police for basing F.I.R. which is to the effect that he was at his Khalihan, there was some altercation in between accused Sudarshan Rai appellant no.1 and his brother Sadhu Rai. His brother was asking about erecting of a Tanti in between the space of house of the informant and accused appellants, reacting thereon Sudarshan Rai went his home, came with gun and shot the fire on Sadhu Rai which hit his buttock, for other appellants it is said that they also came and assaulted the informant and his party men specifying that Sitaram Rai assaulted Shiv Chandra Rai by means of Bhala on his head-, Bahal Rai assaulted Sadhu Rai by means of Lathi, Vishwanath Rai assaulted the informant Patna High Court CR. APP (SJ) No.236 of 1999 dt.04-01-2012 2 on his back and Dhaneshwar Rai assaulted Shiv Chandra Rai by means of Bhala. Witnesses came and accused persons left the place of occurrence.

(2.) AFTER investigation charge sheet submitted, trial commenced and ended in conviction and sentence to appellant nos. 1, 4 and 5 under sections 324 and 148 of the Indian Penal Code and appellant nos. 2 and 3 under sections 323 and 147 of the Indian Penal Code.

(3.) IN the result the appeal is allowed in part. Conviction to all the appellants is affirmed for the respective offences which they have been convicted and on the point of sentence appellants 2 and 3 are released after due admonition and appellant nos. 1, 4 and 5 are directed to be released on their entering into a bond undertaking therein for a period of one year to keep peace and be of good behaviour and to appear and receive the sentence when call upon during such period.