SHEO SHANKER YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Section 324 I.P.C. and sentenced to R.I. for six months by a judgment dated 4.10.2001 passed by the Presiding Officer, 1st Additional Fast Track Court, Siwan in Sessions Trial No.152 of 1990/203 of 2001.

(2.) THE case of the prosecution according to the Informant, who was an employee of Satya Narain Yadav and he used to look after his fields. On 16.9.1989 at about 4 P.M. the she -goats of Appellant Sheo Shankar Yadav entered into their fields and grazed them, at which he raised a protest, which led to an altercation in the midst of which the Appellant assaulted him with a farsa on the head. Accused Dwarika Yadav assaulted him with a lathi on his hand, whereas accused Nandlal Yadav was exhorting them. He was then removed to the Hospital by the witnesses, where he was treated. The Appellant was charged for the offence under Section 307 I.P.C. but acquitted of the said charge and instead convicted as mentioned above.

(3.) P .W.2 Bachu Ghosh also stated that on the date of occurrence an altercation arose between the Appellant and the Informant over the she -goats grazing his fields in the midst of which he was assaulted by the Appellant.