AWADHESH PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vipul Sinha, learned Amicus Curiae and Mr. Ram Chandra Singh, learned A.P.P for the State.

(2.) The present appeal has been filed against the judgment of conviction and order of sentence dtd. 28/3/2007 passed by learned Additional Sessions Judge, F.T.C-V, Gaya in connection with Sessions Trial Nos. 289 of 2004/671 of 2004, arising out of Kothi P.S. Case No. 15 of 2003, whereby and whereunder the appellants Rajpati Paswan and Nanhak Paswan were found guilty for the offence under Sec. 323 of the Indian Penal Code and they were given the benefits of Sec. 4(1) of the Probation of Offenders Act and released after furnishing a probation bond of Rs.5000.00with two sureties of the like amount under Sec. 4(1) of the Probation of Offenders Act. So far as appellants Mahendra Paswan and Awadhesh Paswan are concerned, they were found guilty and convicted for the offences punishable under Sec. 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years.

(3.) The prosecution case as per the F.I.R is that the land of the informant lies just by the side of the land, belonging to appellant Rajpati Paswan. On the alleged date of occurrence, at about 11 A.M, the informant along with is nephew Pritam Singh had gone to see water in the field and he saw that the appellants were cutting ridge for which the informant made objection, as a result of which appellant Awadhesh Paswan started abusing the informant. Subsequently, appellant Awadhesh Paswan gave order to Rajpati Paswan, Mahendra Paswan and Nanhak Paswan to assault and kill the informant. Upon this, appellant Rajpati Paswan, Mahendra Paswan and Nanhak Paswan started to assault the informant with lathi and kudal. The appellant Mahendra Paswan assaulted Pritam Singh by Kudal and due to which injury was caused to him upon his head and he fell down on the ground and appellant Nanhak Paswan assaulted the informant with lathi and due to that the informant got several injuries upon his person and fell down on the ground. On raising alarm, when his cousin Pramod Singh came to rescue him, appellant Awadhesh Paswan also caused assault to him on his head by means of Tangi and due to that he got serious injuries upon his person. When the villagers Pankaj Kumar Singh, Vivek Kumar Singh and others came there, the accused persons fled away. The Injured Pramod Paswan and Pritam Singh were taken to Imamganj Government Hospital for their treatment but they were referred for better treatment at Varanasi.