NIRMAL PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of conviction and sentence order dated 11.09.2001 passed by 5th Additional Sessions Judge, Bhojpur at Ara in Sessions Trial No. 214 of 1996 by which and whereunder he convicted the appellant no.

(2.) , namely, Munna Paswan and appellant no. 7, namely, Uday Narayan Paswan for the offences punishable under Sections 148 and 324 of the Indian Penal Code and sentenced the appellant no. 2, namely, Munna Paswan to undergo rigorous imprisonment for two years for each of the offences punishable under Sections 148 and 324 of the Indian Penal Code whereas appellant no. 7, namely, Uday Narayan Paswan was sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 324 of the Indian Penal Code and to undergo rigorous imprisonment for two years for the offence punishable under Section 148 of the Indian Penal Code. Similarly, rest appellants were convicted for the offences punishable under Sections 147 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year for each of the offences punishable under Sections 147 and 323 of the Indian Penal Code. However, learned 5th Additional Sessions Judge directed that all the sentences would run concurrently. 2. In brief, the prosecution case is that P.W.5, namely, Vishwanath Paswan gave his ferdbeyan to officer in charge of Shahapur Police Station on 19.01.1995 at 12:00 noon to this effect that on the same day, appellants, namely, Awadh Bihari Paswan, Uday Narayan Paswan, Vidyapati Paswan and Gauri Shankar Paswan were cutting his tree upon which he forbade them to do so but appellant, Uday Narayan Paswan started abusing and threatening him. He again forbade them to do so but the above stated persons became infurious and in the meantime, appellants, Vidyapati Paswan, Nirmal Paswan, Phulan Paswan and Nand Kumar Paswan also reached there. The appellant, Munna Paswan was armed with bhala whereas rest appellants were carrying lathi in their hands. Appellant, Uday Narayan ordered the others to assault and also hurled tangi on him as a result of which he sustained injury on his head. Appellant, Munna Paswan hurled bhala blow to his wife as a result of which she sustained injury on her leg. All the above stated appellants started raining lathi as a result of which he as well as his sons sustained injuries. After the aforesaid occurrence, all the injured were taken to hospital for treatment.

(3.) IN course of trial, altogether, seven witnesses were examined on behalf of the prosecution and some documents were also got exhibited. The statements of appellants were recorded under Section 313 of the Cr.P.C. in which they reiterated their innocence.