RADHEY SADAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE above named four appellants have been convicted by the 2nd Additional Sessions Judge in Sessions Trial No. 203 of 1992 for the offences punishable under Sections 307 and 323 of the Indian Penal Code to undergo rigorous imprisonment for four years. No separate sentence has been passed under Section 323 of the Indian Penal Code.

(2.) AS per the case made out in the First Information Report by Shiv Shankar Bhagat. It is stated that he was going to his village early in the morning when the appellants stopped him and asked him not to pass through their lands, on which the informant is stated to have claimed that the lands belong to him, which resulted in the appellants assaulting him. The brother of the informant intervened and he too was assaulted by the appellants. On hearing the alarm, the uncle of the informant, namely, Ram Tahal Das also came to the place of occurrence and he too was assaulted. On hearing the sound of fight taking place, Kapileshwar Thakur, Nagey Thakur, Ram Mohan Jha and Ram Kumar Jha came to the place of occurrence and saw the appellants assaulting the informant and others. The informant went to the petitioner and lodged his fardbayan and from the Police Station, he along with the other injured persons were sent to the hospital for examination. Initially, a sanha was instituted which was later treated as fardbayan of the informant. The injury reports have been marked as Exhibits 1, 1/1 and 1/2 which have been sent to the Police Station on 02.08.1992. After which, PW 10 was appointed as the Investigating Officer of this case to examine the witnesses and the place of occurrence and submit chargesheet in this case.

(3.) PW 3 Ram Tahal Das is the uncle of the informant and one of the injured of this case. He supports the prosecution case and states that there is enmity between the parties and that there are two cases pending between them. On consideration of evidence, this Court comes to the conclusion that the evidence of PW 3 cannot be disbelieved.