JOGESHWAR RABIDAS @ JAGESHWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been found guilty for the offences under Sections 148, 452/34 and 307/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year, three years and five years respectively by the 4th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 15 of 1995.

(2.) The case has been instituted on the basis of the bayan of one Shivnandan Ravidas on 28.01.1993 at 09:45 AM, stating therein that his father Singheshwar Ravidas was working in West Bengal. His father and his brothers had occupied 22 decimals of GAIR MAZARUA AAM land. When his father came to the village, the three brothers had divided the lands amongst themselves and the informant's father had built his house etc. over the portion of land allotted to him. During the period when the informant's father returned to West Bengal to earn his livelihood, the uncles had destroyed the house and harvested the land on which the informant and his father had built their house etc.. An objection was raised by the informant and his father, and a panchayat was called. The appellants did not follow the decision of the Panchayat and in the night of 28.01.1993, entered the house of the informant and assaulted them. It is specifically alleged in the First Information Report that the appellants assaulted his father and him with a lathi. It is also alleged that the appellant Hari Kishore Ravidas fired, injuring the informant above his eye.

(3.) The doctor and the Investigating Officer of this case have not been examined on behalf of the prosecution in this case and as such, the formal First Information Report and the injury report had been marked as exhibits without objection on behalf of the defence.