NARESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus Curiae on behalf of the appellants and Mr. Mukeshwar Dayal, learned APP appearing for the State.

(2.) This appeal has been preferred by the appellants being aggrieved and dissatisfied with the judgment of conviction, dated 20th of December, 2006 order of sentence, dated 21st of December, 2006 passed by the learned Additional District and Sessions Judge, F.T.C. III, Khagaria in Sessions Trial No. 234/2003, arising out of Gogari (Maheshkhut) P.S. Case No. 210 of 2002, whereby and where-under appellants are convicted under Sec. 325/34 of Indian Penal Code and Sec. 504/34 of the Indian Penal Code and awarded sentence to undergo rigorous imprisonment of 3 years each and fine of Rs.1,000.00 each for the offence punishable u/s 325/34 of the Indian Penal Code and rigorous imprisonment of three months each for the offence u/s 504/34 of the Indian Penal Code.

(3.) The Prosecution case is based on the Fardbyan of informant, F.I.R. is that informant Kailash Sharma stated there on 3/11/2002 at about 8:30 A.M., he parked his Rickshaw on his own land and in the meantime, the appellants, armed with lathi came there and started abusing the informant. When the informant forbade them from abusing, they assaulted the informant with lathi with intention to kill. Rambalak Sharma assaulted the informant with lathi due to which he sustained head injury and fell on ground. Naresh Sharma also assaulted him on his left hand due to which his hand got fractured. When the informant raised noise, his son Hareram Sharma came there for his rescue, he was also assaulted by the appellants. Some villagers came there and save the informant and his son.