BIRENDRA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant has been convicted under Sections 341 and 323 IPC and Section 27 of the Arms Act and sentenced to RI for one year and two years respectively by the Additional Sessions Judge -II, Bhojpur at Ara in S.Tr. No. 284 of 1993 by judgment and order dated 27.08.2001.

(2.) THE case of the Informant, Rambachan Pandey is that on 28.07.1992 at 9 P.M. while he was participating along with the rest of the singing party in a Kritan the accused persons variously armed entered the temple and Gorakh Pandey and Hare Ram Pandey assaulted the pujari, Harish Tiwary and took away the idols and also some other articles of the temple. The reason for the occurrence was that they wanted to assert their control over the temple Birendra Pandey also assaulted the informant with a butt of the gun twice on the waist and thereafter fired which hit him on his knee. When he fell down his wife came who was also assaulted with fists and slaps later he was taken to the hospital where he was given medical attention.

(3.) ON behalf of the defence one witness, Ramji Pandey who was also charge -sheet witness has been examined to deny the prosecution version.