LAL BAHADUR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been filed by the appellantconvicts under Sec. -374(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') challenging the impugned judgment of conviction and order of sentence dtd. 13/5/2003 passed by learned Ad hoc District and Sessions Judgecum-Presiding Officer, 1st Addl. Fast Track Court, Siwan in Sessions Trial No.302 of 1988/442 of 2002 arising out of Jamo Bazar P.S. Case No.4 of 1988 whereby the concerned Trial Court has convicted the appellant under Sec. 324 of the Indian Penal Code (for short 'IPC') and sentenced him to undergo rigorous imprisonment for two years.

(2.) The brief facts of the prosecution case as it springs from the written information of Surendra Rai (PW-5), who is the son of injured Bachcha Rai, recorded on 1/2/1988 at about 11:50 hours by Sub Inspector of Police, Md. Shamim, Officer-in-charge of Jamo at State Dispensary, Jamo that while he was sitting by the side of wood fire at his door on 1/2/1988 somewhere between 7-8 PM, he heard public alarm (hulla) that his father had fallen in injured condition. On said information, as he received through public alarm, he went to the place of occurrence and found that his father is lying in injured condition and also noticed that he had sustained sharp-cut injuries on his head and on his neck. The father of informant was lying in injured condition in the field, which belonged to one Manager Rai. When he inquired from his father as to how he had sustained injuries, it was replied that appellant Lal Bahadur Rai had not done good thing by inflicting injuries on his person, where he further narrated occurrence while he was returning from market, the appellant-convict Lal Bahadur Rai, son of Ram Sakhi Rai inflicted injuries on his person by sharp-cut weapon. The reason of occurrence is certain previous enmity and differences surfaced between injured Bachcha Rai and appellant-convict Lal Bahadur Rai. The informant/PW-5 further stated through his fardbeyan that his father/injured had finalized a deal to purchase five kathas of land but, same was purchased by appellant-convict Lal Bahadur Rai few days prior to the occurrence for which an altercation was also taken place. His father was also sustained injuries by appellant-convict Lal Bahadur Rai.

(3.) On the basis of aforesaid fardbeyan/written information, which is Exhibit-3, formal FIR, which is Exhibit-2 was registered as Jamo Bazar P.S. Case No.4 of 1988 under Sec. s 307 and 324 of the Indian Penal Code.