SUDAMA SINGH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Five appellants were tried by Fast Track Court No.3, Kaimur(Bhabhua) by being charged with committing offences under Sections 307/34, 323 and 342 IPC. The learned trial Judge, while delivering judgment on 27.05.2002, held appellant Sudama Singh guilty of committing offences under Sections 307, 324 and 342 Penal Code while the remaining four appellants, namely, Ganga Singh, Dayanand Singh, Abhay Narain Singh and Gopal Singh were found guilty of committing offences under Sections 323 and 342 IPC. After hearing the appellants on sentence appellant Sudama Singh was directed to suffer rigorous imprisonment for five years, two years and six months for being convicted of offences under Sections 307, 324 and 342 Penal Code respectively. So far as the other four appellants are concerned, each of them was directed to suffer rigorous imprisonment for one year and six months respectively for being found guilty of committing offences under Sections 323 and 342 IPC. The appellants chose to prefer the present appeal so as to challenging the correctness of findings of guilty and appropriateness of the order of sentence passed against them.

(2.) Informant Shanker Singh (P.W.6) filed his written report, Ext-1, on 21.02.1989 at 2.45 P.M. at the police station at Chand police station alleging that he had gone out of his house with his nephew Suresh Singh (P.W.5) to take a round of his field in village-Babni and when he reached near the Baithka of one Gulab Singh, the accused persons came out of a house and after surrounding him and P.W.5 Suresh Singh started giving blows to them by lathi and bhala. It was specifically alleged that appellant Sudama Singh had given a Ballam blow to the informant while appellant Ganga Singh assaulted him with a lathi. As regards P.W.5 Suresh Singh and the assault administered to him, it was alleged that appellant Dayanand Singh, Abhay Narain Singh and Gopal Singh had assaulted him with lathi. The informant stated that Bharat Singh (P.W.3) and Bhanu Pratap Singh (P.W.1) were there and they had intervened during the assault and had seen the occurrence and further that the informant himself and his nephew, P.W.5 (Suresh Singh) were brought to the police station by a tractor.

(3.) As may appear from the above narration, there was no motive assigned to the accused persons as to why they should have be assaulted the informant.