SARBADA NAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Head the parties.

(2.) This Criminal Revision is directed against the judgment and order dated 19.08.2002 passed in Sessions Trial No. 434 of 1995 by the court of Ist Additional Sessions Judge, Saran at Chapra whereby the petitioners were held guilty under Section 323/34 of the Indian Penal Code instead of Section 307/34 of the Indian Penal Code and sentenced to undergo simple imprisonment for two months and also directed to pay fine of Rs.200/- which would be payable to informant by way of compensation. In default of payment of fine the further simple imprisonment for one month.

(3.) The prosecution case in brief is that the informant, Ram Pravesh Pandey (C.W.2) gave his Fardebyan (Ext.1) on 10.05.1995 at about 4.40 A.M. at Sadar Hospital, Chapra before the Sub-Inspector, Mathura Prasad of Chapra Town Police Station to the effect that in the preceding night at about 2-2.30 O clock he had slept on the Varamdah of his clothes shop and on hearing an alarm he woke up. In the meantime, Sarbadanand Pandey, son of Kamlakar Pandey caught him and his brother Akshyabar Pandey gave the Farsa blow on his head, as a result of which he sustained injury. On alarm being raised by him, Nand Kumar who had also slept there woke up and called his family members and they carried him at Sadar Hospital, Chapra for his treatment. The cause of occurrence is said to be the old land dispute.