DINANATH TIWARY AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by the three accused who were put on trial by being charged with committing offences under Sections 307, 324 and 341 of the IPC, against the judgment of conviction and order of sentence dated 07.02.2002 by which appellants Dinanath Tiwary and Manoj Kumar Tiwary were held guilty of committing offences under Sections 324 of the IPC while appellant Binod Tiwary was held guilty of committing offence under Section 323 of the IPC after they had been acquitted of the charge under Sections 307 and 341 of the IPC. After being heard on sentence appellants Dinanath Tiwary and Manoj Kumar Tiwary were directed to suffer rigorous imprisonment for one year while appellant no.2 Binod Tiwary was sentenced to rigorous imprisonment for three years.

(2.) As per the prosecution case, contained in Ext-4 the fardbeyan of P.W.5 Rajeshwar Pandey, he was fencing his land near his house when appellant Dinanath Tiwary came and asked the reason for putting up the fence around the land and also objected to the act of fencing. The informant claimed that he was fencing his land and that ensued into a verbal dual between P.W.5 and appellant Dinanath Tiwary who went back to his house.

(3.) He came a little later with the two appellants, namely, Binod Tiwary and Manoj Kumar Tiwary. Dinanath Tiwary was armed with a farsa while Binod Tiwary was armed with a lathi. Appellant Manoj Kumar Tiwary was carrying a bhala in his hand. Appellant Dinanath Tiwary is said to have given a farsa blow on the head of the informant Rajeshwar Pandey, as a result of which he became injured and fell down on the ground whereafter he was given blows with lathi by appellant Binod Tiwary. Godawari Devi came to save the informant but she was given a blow with bhala by appellant Manoj Tiwary which hit the lady in her hand. She was further assaulted with lathi by appellant Binod Tiwary.