SHYAM BIHARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) STATEMENT (Fardbeyan) of one Ashok Kumar Singh has been made basis for the F.I.R. which in short is that on 7.6.1993 at about 6.30 AM he was lying on a cot near his boring house situated at village Faridpur. In the meantime, accused persons namely Ganauri Yadav, Bal Kishun Yadav, Lal Kishun Yadav, Chutkul Yadav, Tipan Yadav along with 8-10 unknown persons of village Baghar came there, started to enter the boring house of informant and when he asked as to where they were going, one of the accused persons ordered to assault, thereupon all the accused persons assaulted the informant by means of Lathi brutally with intention to kill. Informant fell down on the ground and again he was assaulted by the above accused persons, on alarm witnesses namely Rajendra singh, Bhushan Singh and Sudarsan Singh of village Raghopur, Chotan Singh and Jairam Singh of village Govindpur came there and saved the informant.

(2.) CAUSE of occurrence is said earlier occurrence of assault between the villagers of Baghar and villagers of informant's village for which a case was lodged.

(3.) INCIDENT is of the year 1993, all the accused persons faced trial till the year 1999 and the appeal also remained pending till today. So, in discussed suggested circumstance I am also of the view that accused appellants are entitled for the relief enumerated under sections 3 and 4 of the Indian Penal Code.