JITENDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Dharmendra Kumar Sinha, learned counsel for the appellants and Mr. Bipin Kumar, learned APP appearing on behalf of the State.

(2.) The present appeal has been directed against the judgment of conviction dtd. 3/4/2013 passed by the learned ad-hoc A.D.J.-III Gaya in Session Trial No. 194 of 2009+ 192/2009/ 519/2008 + 436/2009 arising out of Civil Lines P.S. Case No. 164 of 2007 by which the appellants have been convicted for the offences under Sec. 323 of the Indian Penal Code and directed to undergo simple imprisonment for nine months each.

(3.) According to the prosecution case which was registered on the basis of written report given by informant Sheela Pandey to officer in charge of police station Civil Line, Gaya alleging inter alia that she had instituted Civil Line P.S. Case No. 164/07 against one Naresh Yadav and others for forgery and in the said case Naresh Yadav (Appellant No. 2) was put in to judicial custody and after release from jail he along with his son were pressuring the informant to withdraw the case and enter into compromise and on 29/1/2008 at about 3 P.M. when she her son Rajnish and Awanish were inside the house and one Binay Kumar son of Dinanath Pandey had also come at the house then at that time all Appellant came to her house by searching her son to enter into compromise and then on the point of time Binay Kumar who had came to her house, came out from the house and tried to stop them but all the three Appellants assaulted them and taken away from the house with an impression that the case will be compromised Automatically. The informant and her son had communicated this matter to commissioner, the collector and on such information police force came and on being search at the house of Appellant No. 2 (Naresh Yadav) one Binay Kumar was recovered. It has further been alleged that all three Appellants after abusing with him had intention to kill. On the basis of above said information F.I.R. was lodged U/s 341, 323, 447, 504, 364, 368 I.P.C.