RAM SAKHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned counsels appearing on behalf of the parties.

(2.) THIS revision application has been preferred against the judgment dated 28th January, 2003 passed by lower appellate court i.e. learned 6th Additional Sessions Judge, Begusarai in Criminal Appeal No. 125 of 1998 confirming the conviction of both the appellants (here petitioners) under Sections 323 and 341 of the Indian Penal Code and Ram Sakha Singh (petitioner no. 1) under Section 325 of the Indian Penal Code and Bano Singh (petitioner no. 2) under Section 325/34 of the Indian Penal Code, sentenced to undergo imprisonment for six months and one month respectively under Sections 323 and 341 of the Indian Penal Code and one year six months under Sections 325 and 325/34 of the Indian Penal Code, however, the sentences were ordered to run concurrently, as awarded by Sri Sudhakar Singh, Judicial Magistrate, Ist Class, Begusarai in G.R. No. 2595 of 1993 (Trial No. 19 of 1998) arising out of Naya Gaon Police Station Case No. 49 of 1993.

(3.) IT is also contended that both the sides are descendent of common ancestor, but due to land dispute there was some conflict between them and in counter case arising out of same occurrence, the informant of the instant case though stand convicted, but released under Section 360 of the Code of Criminal Procedure on execution of bond, but at the same time, it is evident that in the counter case, Annexure ­ 1, there was no application under Section 325 of the Indian Penal Code.