RAM PRASAD CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants of Criminal Appeal (S.J.) No.366 of 2001 have been convicted under Sections 147, 323 and 313 I.P.C. and sentenced to R.I. for five years and a fine of Rs.1000/ - in default of which further R.I. for three months, six months and one year respectively. The Appellants No.1 and 2 of Criminal Appeal (S.J.) No.379 of 2001 have been convicted under Sections 147, 323 and 452 I.P.C. and sentenced to R.I. for six months, six months and one year respectively. The Appellant No.3 has been convicted under Section 148 and 323 I.P.C. and sentenced to R.I. for six months and one year respectively by a judgment dated 27.9.2001 and 1.10.2001 passed by the IInd Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No.128 of 1993.

(2.) THE case of the Complainant is that on 6.6.1991 at 7.30 A.M. when the Complainant was playing a loudspeaker at his house Appellant Ram Prasad Choudhary came and objected to his act. When the Complainant resisted, an altercation arose between them, at which the rest of the accused persons variously armed came to his house and pulled him down to his door. Appellant Dip Narain Choudhary is said to have given Hasua blow on the left arm causing bleeding injury and when his sister -in -law Pramila Devi came to save him she was also assaulted by lathi, danda, fists and slaps, on account of which she aborted her two months old foetus.

(3.) DURING trial the prosecution examined six witnesses in all. Out of whom, P.W.1 Sakal Manjhi stated that on the date of occurrence when he was going to work from his house and reached the house of Raj Kumar he found an altercation going on between the parties in which the accused persons assaulted the Informant and his sister -in - law. In his cross -examination he stated that the Appellants Ram Prasad and Devendra were brothers and on the date of occurrence the daughter of Ram Prasad was getting married. He further stated that Appellants Devendra and Dip Narain had also been injured in the same occurrence.