RAM EKBAL RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred by the informant impugning the judgment of conviction and order of sentence dtd. 22/7/2023 passed by the learned Additional Sessions Judge-V, East Champaran at Motihari in Sessions Trial No. 573 of 2010 (CIS No. 2228 of 2016), arising out of Town P.S. Case No. 160 of 2007, whereby respondent No. 2 Mithu Raut, respondent No. 3 Chhotan Raut and Respondent No. 4 Pappu Raut have been convicted under Sec. 323 of the Indian Penal Code and respondent No. 5 Lalan Raut has been convicted under Sec. 324 of the Indian Penal Code, but all the respondents/accused have been acquitted of charge under Ss. 307 and 379 of the Indian Penal Code and respondent Nos. 2 to 4 have been released under Sec. 3 of the Probation of Offenders Act whereas respondent No. 5 has been released on bond under Sec. 4 of the Probation of Offenders Act.

(2.) The prosecution case as emerging from the Fardbeyan of the informant/appellant Ram Ekbal Raut as recorded by ASI Mundrika Prasad of Town P.S. Motihari, on 19/6/2007 at Sadar Hospital, Motihari, is that at about 9:30 P.M. on 18/6/2007, the informant was sitting in the corridor of his house along with his family members. In the meantime, the appellants/accused Lalan Raut, Pappu Raut, Chhotan Raut and Mithu Raut carrying arms in their hands came there abusing them and stating that they were not paying Rs.25,000.00 despite their demand and while stating this, Lalan Raut attacked on the head of Arjun Kumar, son of the informant, by Farsa causing injury on his head and bleeding. Thereafter, respondent/accused Pappu Raut, Chhotan Raut and Mithu Raut caught hold of the informant and also called ones Shivji and Munna Raut. It is further alleged that Shivji Raut attacked the informant with spear (Bhala) with intent to kill him. However, he sustained injury on the elbow. They also assaulted him by lathi, danda and fists causing injury to him and bleeding from his nose. His son Arjun got unconscious and fell on the ground. Thereafter, all the accused/respondents entered into his house and took away ornaments by breaking the lock of his box. On hulla, the persons of the locality viz. Ajay Raut, Sanjay Raut, Adhikari Devi and other persons came on the place of occurrence. Seeing these local persons, all the accused/respondents fled away.

(3.) On the basis of the fardbeyan, Town P.S. Case No. 160 of 2007 was registered against five accused persons namely, Lalan Raut, Pappu Raut, Chhotan Raut, Mithu Raut and Shiv Ji Raut, for the offence punishable under Ss. 147, 148, 149, 448, 341, 323, 379, 504 and 307 of the Indian Penal Code.