GHOGHAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Nobody appears foR the appellant. Mr. Shailendra Kumar Jha is appointed amicus curiae in this case to assist this Court.

(2.) This appeal arises out of a judgment of conviction passed by the 1st Additional Sessions Judge, Saharsa in Sessions Trial No. 48/84. by which he has convicted the sole appellant under Section 323 of the Indian Penal Code to undergo Rigorous Imprisonment for six months.

(3.) The prosecution case is that the informant Rameshwar Ram was digging the lands supposedly belonging to Jagarnath Singh, PW 6. His brother was digging the field of Sita Ram Singh. In the meantime. Yogi Yadav objected to the informant digging the field. It is said that he gave a blow with a 'psina' on the leg of the informant. On hearing the commotion the appellant who is the brother of Yogi Yadav came to the place of occurrence armed with 'musai' and is said to have assaulted the brother of the informant Guneshwar Ram on his head.