RAM ASHRAY SINGH S/O LATE MISHRI SINGH OF VILLAGE MORAWATPUR P S DESARI DISTRICT-VAISHALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) FARD-bayan of one Kalimullah Khan has been based for First Information Report which in brief is that land dispute was prevailing in between the parties since last ten years, a case was also pending in Court. In the morning of 08.4.1988 accused Mishri Singh and Jawahar Singh were getting cut palm tree's leaves standing over the disputed land, same was informed by Md. Salimullah, thereafter the informant along with his father in-law Hakim Md. Zial Islam Khan went there, objected them for not cutting palm leaves. Mishri Singh re-acting thereon abused him, exhorted "Jan Se Mar Do Sale Ko" responding thereon this appellant Ram Ashray Singh along with Bulkan Singh, Bhagwat Singh, Champak Lal Singh, Suraj Singh, Bhikhari Singh and Bisu Singh appeared from a Maize field the place of their hiding armed with Farsa and Lathi. Surrounded the informant and his father in-law.

(2.) THEY (informant and his father in-law) managed to run away, but this appellant Ram Ashray Singh succeeded to give a Farsa blow on head of the father in-law of the informant. He (informant's father in-law) received injury and fell down thereafter, all the accused persons assaulted him by means of Lathi, fists and slaps. Akhtar Khan, Md. Yusuf Khan, Md. Islam Khan, Mohan Paswan, Biku Paswan, Bhuneshwar Rai and others came there. For accused Jawahar Singh, it is said that he took away Rs.803/- from the pocket of informant's father in- law.

(3.) NOW the quantum of sentence is stressed for minimizing the same to any party to the period undergone even. On this point, submission on behalf of the learned Amicus Curaie is that land dispute was there in between the parties, there was no preparation from earlier rather the incident of cutting of palm tree's leaves led for quarrel in between the parties in which also a single blow was allegedly given by the appellant and ultimately parties resolved their differences by compromising the same. Apart from it, incident took place in the year 1988 and decided by trial Court on 08.9.1999, appeal is filed in the year 1999 and is being heard in the year 2012.