BHUPENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 324 and 148 I.P.C. and even while the Appellant No.1 has been sentenced to R.I. for two years and one year respectively the rest of the Appellants have been given the benefit of Section 360 Cr.P.C. after due admonition by a judgment dated 25.9.2001 passed by the 1st Additional Sessions Judge, Saharsa in Sessions Trial No.64 of 1992.

(2.) THE case of the prosecution is that on 14.7.1991 at about 10 A.M. Appellant Domi Yadav and accused Satya Narain Yadav came to his house and invited him for playing cards. He declined and left for the house of one Baua Thakur and when returning from there, he saw the accused persons playing cards. Seeing the Informant Appellant Bhupendra Yadav ordered to assault him, whereupon the rest of the accused persons surrounded him. Appellant Bhupendra Yadav himself hurled a farsa blow on him, which hit him on his head. Thereafter the rest of the Appellants assaulted him with lathi and iron rod. Witnesses came on his alarm and seeing them they fled away.

(3.) DURING trial the prosecution examined six witnesses in all. Out of whom, P.W.1 Lakhan Lal Gupta, P.W.2 Nasimuddin and P.W.3 Md. Imran Alam are eye witnesses, whereas P.W.4 Abdul Badud is the Informant. P.W.5 Dr. B.K. Singh examined the injured Informant, whereas P.W.6 Ashok Kumar Rajak is the Investigating Officer.