BIJENDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is directed against the judgment dated 30th April, 1992. of the 2nd Additional Sessions Judge, Patna whereby the appellant Bijendra Chaudhary has been convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years. And each of the remaining appellants, namely, Satendra Chaudhary, Tunnu Chaudhary and Munarik Gareri has been convicted under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three months.

(2.) THE fard -beyan of the informant Fauzdar Chaudhary (P.W. 8) was recorded on 6th August, 1989 at 11:00 P.M. at Gaurichak Police Station wherein the informant alleged that that day (6.8.1989) at 8:00 P.M., all the four appellants armed with toddy tapper (Fasuli) came to his (informants) house and assaulted him with Fasuli causing injury on his neck, arm and cheek. On this statement of the informant, a formal F.l.R. was also registered and after investigation, charge -sheet was submitted and the appellants were tried and have been convicted as above.

(3.) AS many as 10 witnesses have been examined by the prosecution. P.W. 8 Fauzdar Chaudhary is the informant and injured also. P.W. 4 Fulchand Chaudhary who is the father of the informant is an eye witness who is also injured, said to have received injuries while trying to save the informant during the assault. P.W. 1 Krishna Beldar, P.W. 2 Ram Chandra Paswan, P.W. 3 Parashuram Mahto, P.W. 6 Jagmatia Devi, mother of the informant are the other eye witnesses to the occurrence. P.W. 5 Surendra Chaudhary and P.W. 7 Sundari Devi have been declared hostile by the prosecution and there is nothing material in their evidence. P.W. 9 Dr. Upendra Singh had examined the injured and he proved the injury reports (Ext -2 and Ext -2/1) with respect to informant Fauzdar Chaudhary and P.W. 4 Fulchand Chaudhary. P.W. 10 Dudheshwar Chaudhary is the l.O. of the case.