BIDYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Bidya Singh, Rahi Ram Singh, Deo Nandan Singh, Nakhalal Singh, Raj Nandan Singh, Baleshwar Singh, Ram Bhawan Singh, Deena Nath Singh have been found guilty for an offence punishable under Section 307/34 IPC, 323/34 IPC, 147 IPC, 148 IPC vide judgment dated 30.09.2013 and each one has been directed to undergo RI for four years as well as fined Rs. 10,000/ - in default thereof, to undergo SI for six months additionally, SI for one year, fine of Rs. 1000/ - in default thereof, to undergo SI for one month additionally having no separate sentence for an offence punishable under Section 147 IPC, 148 IPC, respectively vide order dated 03.10.2013 by 4th Additional Sessions Judge, Gopalganj in Sessions Trial No. 295/1994/292/2011 have preferred instant appeal.

(2.) NARAIN Singh (PW -6) gave his Fard -e -beyan while he was admitted at State Dispensary, Kuchaikot along with injured, Gajadhar Singh, Suresh Dutt Singh before O/C of Kuchaikot P.S. alleging inter alia that on the same day at about 8:00 a.m. while he was sitting at his Bathan and his brother Gajadhar Singh was providing fodder to animals, Bidya Singh armed with Katta, Baleshwar Singh armed with Farsa, Ram Chandra Singh armed with Farsa, Rahiram Singh armed with Farsa, Nagina Singh armed with Lathi, Rajendra Singh armed with Farsa, Deonandan Singh armed with Lathi, Ram Bhawan Singh armed with Farsa, Buddhu Singh armed with Lathi, Nokhe Lal Singh armed with Lathi, Dina Nath Singh came at his Bathan. On an order of Bidya Singh, Baleshwar gave Farsa blow over his (PW -6) head causing injury thereupon while others have also assaulted with Lathi and Farsa on account of which he fell down. During course thereof, he raised alarm over which Gajadhar Singh came in his rescue who was also assaulted by Ram Chandra Singh with Farsa over his head while others also assaulted with Farsa and Lathi. His neighbour, Suresh Dutt Singh, after hearing alarm rushed in rescue, was also assaulted. Dina Nath also snatched away his wrist watch. On hue and cry, Jagannath Singh, Banaras Singh, Ambika Singh, Chandrika Singh along with others rushed seeing whom the accused persons fled away.

(3.) THE aforesaid Fard -e -beyan was referred to Gopalpur P.S. on account of which Gopalpur P.S. Case No. 19/1992 was registered. The police report, after completion of investigation, was submitted whereunder Bidya Singh, Buddhu Singh (since deceased), Dina Nath Singh, Nakhalal Singh, Ram Bhawan Singh were sent up for trial while Baleshwar Singh, Rahi Ram Singh, Nagina Singh (since deceased), Raj Nandan Singh, Deo Nandan Singh, Ram Chandra Singh (since deceased) were not sent up for trial, however, differing therefrom, all were summoned and accordingly, faced trial with the ultimate result, the subject matter of instant appeal.