BRAHMDEO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears for the appellant. Mr. Maqbool Ahmad is appointed as amicus curiae to assist this Court.

(2.) This appeal is directed against the order of conviction dated 28.1.2000 and order of sentence dated 31.1.2000, passed by the 1st Additional Sessions Judge, Jamui in Sessions Trial No. 647 of 1988/ 158 of 1997 convicting the appellant for an offence under Section 326 of the Indian Penal Code to undergo R.I. for years and to pay a fine of Rs. 500/-and in default of payment of fine, the appellant would further have to undergo imprisonment for 6 months. It was ordered that both the sentences shall run consecutively.

(3.) The prosecution case as narrated by Nityanand Dubey, the informant is that his younger brother Parmanand Dubey was irrigating the paddy field at Kanhaiya- bahiyar. Mahadeo Mandal objected to the irrigation of the field. As a consequence of which there was a hot exchange of words. It is alleged that Mahadeo Mandal (since deceased) ordered his son to assault, who ran with a saif in his hand and assaulted Bachcha Dubey, the father of the informant. The informant tried to intervene in the matter, and was also assaulted by Mahadeo Mandal by Farkhanti.