PRATAP SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rakesh Kumar Jha, learned counsel appearing for the appellants and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.

(2.) This appeal has been preferred by the appellants against the judgment and order of conviction dtd. 28/2/2011 passed by V.N. Prasad, Additional Sessions Judge, F.T.C.-1st, Supaul in S. Tr. No. 61/2000(s) and 102/2000(s) convicting the appellants for the offence punishable under Ss. 147 and 148 of the Indian Penal Code and appellant no.5 has been convicted also u/s 324 of the Indian Penal Code in place of sentencing them, ordered to execute Bond of Rs.2,000.00 each with one surety of like amount for maintaining peace and tranquility for one year under Sec. 4 of the Probation of Offenders Act.

(3.) The prosecution case in brief is that, the informant Ganesh Kumar gave a fardbeyan on 13/6/1999 stating therein that on the same day about 4:00 P.M., the appellants along with 8-10 other unknown persons armed with various weapons like arrows, bhala and farsa, came to his house and started assaulting the informant and Babita Kumari. In the alleged incident, the informant sustained injury above his right eye caused by arrow and his sister Babita Kumari got injury on his right leg and thereafter they were admitted in hospital. The alleged occurrence is said to be taken place in the background of previous quarrel with regard to plucking mung from disputed land which had occurred on the same day in morning.