SAKALDEEP YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal has been preferred against the judgment of conviction dated 01.08.2001 and sentence order dated 06.08.2001 passed by 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 153 of 1994/Trial No. 68 of 1998 by which and whereunder he convicted the appellants for the offences punishable under Sections 307/149 and 147/323 of the Indian Penal Code and also convicted six other accused for the offences punishable under Sections 323/147 of the Indian Penal Code. The appellants were sentenced to undergo rigorous imprisonment for five years each and they were also fined of rupees two thousand each. The period already undergone by the appellants in course of trial was ordered to be set off and furthermore, in default of payment of fine, the appellants were sentenced to undergo three months each simple imprisonment. The learned Additional Sessions Judge also directed that rupees three thousand out of the aforesaid fine amount would be paid to the informant as compensation. No separate sentence under Sections 147/323 of the Indian Penal Code was awarded to the appellants.

(2.) ON 28.05.1993 at about 01:00 P.M. informant Prithvi Kumar Yadav (P.W.3) gave his ferdbeyan to A.S.I of N.T.P.C. Police Station to this effect that on the same day at about 08:00 A.M. while he was going to attend his duty and reached near the gate of labour colony his co-villagers Sakaldeep Yadav, Chamak Lal Yadav, Kishore Yadav, Jaikant Yadav, Ritlal Yadav, Jairam Yadav, Hari Yadav, Manager Yadav and Mehi Lal Yadav came there and started abusing him. He forbade them to do so but Sakaldeep Yadav hurled one bhala blow which hit on his head as a result of which blood started oozing out from his head. The rest persons started assaulting him with lathi, danda, fists and slaps. He raised alarm which attracted Jagdish Yadav who came to his rescue but he was, too, assaulted by the aforesaid persons with lathi. He further stated that Chamaklal Yadav caught his hand whereas Kishore Yadav and Sakaldeep Yadav started pressing his neck. He again raised alarm which attracted Indradeo Yadav and others who saved his life.

(3.) THE appellants and six other accused were charged for the offences punishable under Sections 147, 307/149 of the Indian Penal Code. All the aforesaid persons denied the charges and claimed to be tried.