DINESHWAR GOSAI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 2 has been convicted under Section 324 Indian Penal Code and sentenced to rigorous imprisonment for six months whereas Appellants No. 1, 3 and 4 have been convicted under Section 323 Indian Penal Code and sentenced to rigorous imprisonment for three months by the 7th Additional Sessions Judge, Saran at Chapra, in Sessions Trial No.171 of 1993 by a Judgment and order of conviction dated 7.8.2001.

(2.) The Prosecution story according to Mathura Gosai is that on 24.8.1992 when his cousin Tulsi Gosai along with his fater-in-law were returning after answering the call of nature and reached the house of Rama Singh, the Appellant Dina Nath Gosai assaulted Tusli Gosai with a Danda on his right and left hand and leg. When Tulsi Gosai raised an alarm, Appellants Dhodha Gosai, Dineshwar Gosai and Bhutali Gosai also assaulted him with lathi and Garasa. When he and his sons Prabhunath Gosai and Chedi Gosai tried to intervene, Appellant Dina Nath Gosai assaulted him on his head with Garasa while others assaulted him with lathi on non vital party of the body. Prabhunath Gosai and Chhedi Gosai were also assaulted with lathi by the accused persons. The reason for the occurrence is an old land dispute.

(3.) The Prosecution to prove its case, examined seven witnesses out of whom PW-1 Tulsi Gosai, PW-2 Prabhunath Gosai, PW- 3 Chhedi Gosai and PW-4 Ramuna Gosai are injured eye witnesses. PW- 5 Mathura Gosai is the Informant whereas PW-6 is a Doctor Chandrabhushan examined the injured. PW-7 Binod Kumar Singh is formal in nature.