GOPI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant Revision is directed against the judgment of conviction and sentence dtd. 21/8/2017 passed in Cr. Appeal No. 49 of 2007 by the learned 2nd Additional Sessions Judge cum Special Judge, Bhagalpur affirming the judgment and order of conviction passed by the learned Judicial Magistrate, 1st Class, Bhagalpur in Trial No. 146 of 2007 with certain modification of sentence.

(2.) Prosecution case in brief is that on 14/4/2002 one Mahli Yadav gave a statement to the on duty police officer of Lodhipur police station stating, inter alia, that on the self same date at about 8:30 A.M he saw that one Fullo Devi and one Pramila Devi were quarreling with each other. In course of quarrel, Gopi Yadav, Devi Yadav and Fantus Yadav also intervened and began to quarrel. Seeing this, the informant tried to intervene and wanted to stop such quarrel between them. At this, Gopi Yadav, Devi Yadav and Fantus Yadav jointly assaulted the informant with the help of a lathi fitted with iron on the top, iron rod etc. As a result of such assault, he received bleeding injury on his head and hand as well as other parts of body. They also abused them with filthy language.

(3.) On the basis of the said complaint, police registered Sabour (Lodhipur) P.S. Case No. 0079 of 2002 dtd. 14/4/2002 under Sec. 341/323/324/325/34 of the Indian Penal Code and entrusted one A.S.I. Deelip Kumar Paswan to investigate into the case.