AWADHESH TIWARY @ VISHWANATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS , Awadhesh Tiwary @ Vishwanath Tiwary, Sita Ram Tiwary, Amrendra Tiwary, Tribhuwannath Tiwary, Sri Kirshna Tiwary, Visheshwar Kamkar and Gauri Shankar Tiwary have been found guilty for an offence punishable under Sections 147 IPC, 323 IPC and each one has been fined of Rs. 250/ - under both heads independently, appellant, Amrendra Tiwary has further been found guilty for an offence punishable under Sections 379 IPC and fined of Rs. 5000/ - vide judgment of conviction and sentence dated 19.01.2002 passed by 1st Additional Sessions Judge, Buxar in Sessions Trial No. 8/86. However, the judgment impugned did not contain the clause that in default of payment of fine whether all the appellants will suffer imprisonment if so for what period.

(2.) AMARNATH Tiwary (PW -5) gave his Fard -e -beyan on 26.03.1985 at about 4:30 p.m. alleging inter alia that he along with Anant Narayan Tiwary, Rabindra Nath Tiwary and Ram Kumar were proceeding towards their house from Arrah and as soon as came near their wheat field, was seen by his Pattidars, whereupon Tribhuwan, Amrendra, Awadhesh @ Vishwanth armed with lathi came near him and on an exhort made by Sita Ram Tiwary, all of them began to assault, on his alarm. Anant, Rabindra came who were assaulted by Umashankar Tiwary, Sri Kishun Tiwari, Bisheshwar Kamkar, Gaurishankar by means of Lathi. His father, Ram Kumar came who was assaulted by Sitaram and Tribhuwan. Land dispute happens to be motive of occurrence. They also took away cash and wrist watch.

(3.) THE defence case as is evident from mode of cross -examination as well as from the statement recorded under Section 313 of the Cr.P.C. is that no such type of occurrence had ever taken place rather the prosecution party illegally made criminal trespass upon their land which was protested by the appellants and on account thereof, prosecution party brutally assaulted for which Brahampur P.S. Case No. 37/85 was registered. To support the same, also exhibited relevant documents.