NAND KISHORE RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 05.07.2002 passed by the learned Presiding Officer, Fast Track Court No.IV, East Champaran at Motihari in Sessions Trial 285 of 1987 by which the appellants were acquitted of the charges under Sections 341, 235 and 307/34 of the IPC but were convicted of different offences. Appellants Sheo Balak Raut and Siyaram Raut were held guilty of committing offences under Sections 447 and 324 IPC and they were directed to suffer simple imprisonment for three months and two years respectively. Likewise, appellant Nand Kishore Raut was also convicted under Sections 447 and 323 IPC and was directed to suffer simple imprisonment for three years and six months respectively on the two counts.

(2.) IT appears that the appellants and the informant were residing in the same Angan and it appears further from the evidence as also from the first information report that when the informant was feeding his animal at his Darwaja accused Radhe Shyam Raut who was also convicted for the offences, came and started digging up a Nala for flowing water which was objected to by the informant upon which the accused persons came there. Appellant Sheo Balak Raut was armed with a bhala, appellant Siyaram Raut was carrying a farsa whereas appellant Nand Kishore Raut had a lathi in his hand. Accused Radhe Shyam Raut was carrying a Kudal. It was stated that as soon as the accused persons reached there appellant Sheo Balak Raut dealt blows with bhala on the right palm and right leg of the informant whereas appellant Siyaram Raut assaulted him with farsa on the head causing bleeding injury to him. Appellant Nand Kishore Raut gave a lathi blow whereas accused Radhe Shyam Raut also assaulted the informant with the handle of Kudal on his both hands and the left leg.

(3.) THE informant and another injured P.W.2 were brought to the hospital where they were hospitalized and the statement of the informant was reduced into writing and was also incorporated into Station Diary Entry No.513 dated 29.06.1986 and after obtaining the injury certificates Exts -1 and 1/A, the FIR of the case was drawn up on 30.06.1986 at 6 P.M. The investigation was proceeded with and ultimately the three appellants along with convicted accused Radhe Shyam Raut were sent up for trial, which ended in their conviction by the impugned judgment.