PARMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) LEARNED counsel Sri Madhukar Pandey is appointed as amicus curiae.

(2.) HEARD learned counsel Sri Madhukar Pandey appearing for the appellants as amicus curiae as well as learned Additional Public Prosecutor for the State and perused the record.

(3.) IN brief, the prosecution case, is that P.W.4., namely, Shanker Singh gave his Ferdbeyan to A.S.I. of Bhagwan Bazar Police Station on 19.07.1985 in injured condition at Sadar Hospital, Chapra to this effect that on the same day at about 06:00 A.M. he was returning to his home after attending the call of nature and reached near the house of Deo Nandan Singh. The aforesaid Deo Nandan Singh asked him to not go through the road and started abusing him but when P.W.4., Shanker Singh made objection, the accused, Kameshwar Singh being armed with lathi, appellant, Parmeshwar Singh armed with farsa and the aforesaid Deo Nandan Singh armed with bhala encircled him. Thereafter, P.W.4. tried to flee from there but aforesaid Deo Nandan Singh gave bhala blow causing injury on his abdomen whereas accused, Kameshwar Singh assaulted him with lathi causing injury on his left thigh and left hand. The P.W.4. raised alarm which attracted Prabhat Singh but appellant, Parmeshwar Singh gave farsa blow to aforesaid Prabhat Singh causing injury on his head and furthermore, Kameshwar Singh also assaulted the aforesaid Prabhat Singh. He further stated that one Parshuram Singh also came at their rescue but Deo Nandan Singh gave bhala blow to him causing injury on his right shoulder and Bisheshwar Singh assaulted him with churi. On hue and cry, villagers came there and saved their lives and after the aforesaid occurrence, injured persons were taken to hospital where Ferdbeyan of P.W.4. was recorded which is Exhibit-3.