DAROGA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Mr. Arun Kumar Pandey appears in this case and submits that the client has taken the file and he has no instruction in this matter. This Court however, appoints him as amicus curiae to assist the Court.

(2.) This appeal is directed against the judgment and conviction and order of sentence dated 23.8.1994, passed in Sessions Trial No. 293 of 1992 arising out of Sahpur P.S. Case No. 158/91 by the 2nd Additional District & Sessions Judge, Arrah convicting the sole appellant to undergo R.I. for 10 years under Section 307 of the Indian Penal Code.

(3.) The prosecution case in short is that Daroga Paswan along with Sabha Paswan were digging a foundation beyond the lands allocated to them which led to the occurrence. Basawan Paswan tried to stop them, whereupon, Daroga Paswan assaulted Basawan Paswan the informant, and his brother Dahab Paswan by means of a sword. It is said that Sabha Paswan assaulted them with a lathi and Etbaro Devi also assaulted them with a spade that she was carrying.