MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dtd. 20/2/2004 passed by Additional District and Sessions Judge, F.T.C. II, Ara, Bhojpur in Sessions Trial No. 402 of 1992 by which the appellant no. 1 has been convicted and sentenced to undergo four months of rigorous imprisonment for the offence under Sec. 324 of the Indian Penal Code and two months of rigorous imprisonment for the offence under Sec. 148 of the Indian Penal Code. Appellant no. 3 has been convicted and sentenced to undergo three months of rigorous imprisonment for the offence under Sec. 323 of the Indian Penal Code and a further one month of rigorous imprisonment for the offence under Sec. 147 of the Indian Penal Code. Appellant no. 2 has been convicted under Sec. 148 of the Indian Penal Code and sentenced to undergo two months of rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) The prosecution case is that on 17/12/1991 informant Vinod Kumar was coming back to his village Jalpura from Akhagao market within Chandi police station at 6.30 p.m. after purchasing vegetables. When he reached the road 50 yards north of Akhgao High School, all the six accused persons armed with Bhala, Fasuli, Pistol and Lathi surrounded him and accosted to kill the informant. On exhortation of Hridaya Singh (since dead) accused Mahendra Singh (appellant no.1) caused Bhala Injury on the left arm of the informant. Accused Satyendra Singh with a fasuli aiming on the neck waived it and the informant tilted his neck and sustained injury on his head. Accused Lala Singh pointing the pistol at the informant, was asking him to remain standing. Accused Mukesh Singh (since dead) and Manoj Singh assaulted the informant on his ankle joint with a lathi. The informant after sustaining injury fell on the ground. Thereafter accused Hardeo Singh and Mukesh Singh snatched wrist watch and cash of Rs.500.00 from the person of the informant. On cry, Manu Ram and Vinod Ram came there and took him to the Doctor.

(3.) On the basis of the aforesaid statement of the informant Chandi P.S. Case No. 91 of 1991 was registered against the appellants and others. After the investigation, the police submitted chargesheet against all the six accused persons including the appellants. Thereafter cognizance of the offence was taken and the case was committed to the Court of Sessions for trial.