LAKHAN THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Nos. 1 and 2, namely, Lakhan Thakur and Chamari Thakur have been convicted under Section 326 of the Indian Penal Code and sentenced to undergo R.I. for six years each. Appellant No. 3, namely, Lal Bihari Thakur has been convicted under Section 324 of the Indian Penal Code and was sentenced to undergo R.I. for three years.

(2.) Prosecution case, in short, is that on 9-10-1987 at about 1.30 p.m. the informant had come to Jehanabad Civil Court to appear in a case along with his brother Chotan Thakur and Dimagi Thakur in the Court of the C.J.M., Jehanabad for their bail. After filing their attendance in the Court they were taking tea in a tea stall in the Court compound. His co-villager Lai Bihari Thakur, Lakhan Thakur and Chamari Thakur came there, armed with scissors along with Ram Kewal Thakur, Bhagwan Thakur and Ram Payare Thakur in the tea stall. It has been alleged that the accused Lal Bihari Thakur assaulted with scissors in the back of the informant causing bleeding in the back. Chotan Thakur was assaulted by the appellant Lakhan Thakur on his back, below the neck. Dimagi Thakur was also assaulted by the scissors by appellant Chamari Thakur in his back. Having sustaining the injuries, bleeding started oozing out. On their alarm, co-villager Ram Billam Thakur came running there but he was also assaulted with the brick bats by the appellants. Thereafter, they were taken to the hospital on Rickshaw where they were treated. The reason of assault was that there was enmity between the injured and the appellant. Thereafter, they shifted to the Government Hospital, Jehanabad where the fard beyan of the informant was recorded. On the basis of the fard beyan (Ext-1/A) formal F.I.R. (Ext-3) was registered. After completion of the investigation, chargesheet was submitted against the appellants on the basis of which cognizance was taken and case was committed to the Court of Sessions for trial. Ultimately, the trial concluded in the manner as indicated above. The appellants pleaded not guilty.

(3.) The prosecution in support of its case examined five witnesses including the informant (P.W. 3). P.W. 1 is Chotan Thakur, P.W. 2 is Dimagi Thakur, P.W. 3 Nand Lal Thakur. All these three witnesses are injured witnesses. P.W. 4 is Satyendra Prasad Gupta, the medical officer and P.W. 5 is Kameshwar Prasad Sinha, the I.O. of the case. P.W. 3 the informant has fully supported the case of the prosecution. According to him, on the date of occurrence i.e. on 9-10-87 at about 1.30 p.m. he had come to Jehanabad Civil Court to appear in a case along with his brother Chotan Thakur and Dimagi Thakur. It has been stated that after filing their attendance in the Court, they were taking tea in the tea stall. In the meantime, his co-villager Lal Bihari Thakur, Lakhan Thakur and Chamari Thakur came there having scissors in their hand. According to him, Ram Kewal Thakur, Bhagwan Thakur and Ram Payare Thakur also came along with above three accused persons near the tea stall. According to him, accused Lal Bihari Thakur assaulted him with scissors in his neck causing bleeding injury. The appellant Lakhan Thakur assaulted Chotan Thakur in his back below the neck. His brother Dimagi Thakur was assaulted with scissors by the appellant Chamari Thakur on his back. All the three received injury and there was bleeding. When they raised alarm co-villager Raj Ballam Thakur came running there who was also assaulted with brick-bats. Thereafter they were taken to the Government Hospital on Rickshaw and treated there. He further stated that his fard beyan was recorded in the Hospital. Other witnesses, P.W. 1 and 2, namely, Chotan Thakur and Dimagi Thakur respectively have also supported the version of informant (P.W. 3). P.W. 4 is Dr. Satyendra Prasad Gupta. According to him, on 9-10-1987 while he was posted at Civil Hospital, Jehanabad at 10.35 p.m. he examined injured Chotan Thakur and found the following injuries on his person:-- Penetrating wound -1/2" x 1/4" chest cavity deep bleeding and subcutaneous emphasema present. According to the opinion of the doctor, nature of injury was dangerous to life and was caused by sharp pointed object like scissors. On the same day and same time he also examined Nand Lal Thakur and found following injuries on his part:-- One penetrating wound with bleeding 1/2" x 1/4" x 1 1/2" obliquely right side of the back in the inter scapular region. According to the opinion of the doctor, injury was simple in nature caused by sharp pointed weapon like scissorss. On the same day and same time he also examined Dimagi Thakur and found following injuries on his part:-- One penetrating wound with bleeding subcutaneous emphysema 1/2" x 1/4" chest cavity deep right back. According to the opinion of the doctor, nature of injury was dangerous to life caused by sharp pointed object like scissors. P.W. 5, Kameshwar Singh is the Investigating Officer of this case. According to him, on 9-10-1987 he was posted as Sub-Inspector at Jehanabad Police Station. On the same day he received O.D. slip from Jehanabad Civil Hospital and on the basis of it he went to the Hospital at 1.30 p.m. and recorded the fard beyan of injured-informant Nandlal Thakur on the basis of which F.I.R. was registered. He was proved the formal F.I.R. (Ext-3). He again examined the informant and recorded the fard beyan of the informant. According to him, in the same Hospital he examined Dimagi Thakur, Sukhdeo Thakur and Chotal Thakur. He found that on the back of Nandlal Thakur below his neck there was one stitched wound. He also found on the back right side of Dimagi Thakur a cut injury with bleeding. On the back below the neck of Chotan Thakur he also found injury with bleeding. According to him, he also visited the place of occurrence. He has given the full description of the same. He has stated that he did not seized Scissors and Chhura and he did not examined Bhuneshwar, owner of the tea stall.