BANWAREE BANSPHOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The five appellants have first been convicted under Section 147 of the Indian Penal Code with one year's rigorous imprisonment each and then under Section 325 read with Section 1.49 I P. C. with five years' rigorous imprisonment each. Appellant Banwari has further been convicted under Section 323 I. P. C. and sentenced to six months' rigorous imprisonment. The sentences have been ordered to run concurrently.

(2.) The date of occurrence, as alleged, was aboui 10 P. M. on 7-6-61 and the place a spot near the Government Dumkhana Building by the side of Patna-Khagaul Road in Varpur within Gardanibagh Police station. A Fard bayan (Ext. 1) of the occurrence was recorded on the statement of Raghunandan (P. W. 5) at 1 P. M. on 9-6-01 in Rajendra Surgical Block of the Patna Medical College Hospital by the officer-in-charge Maheshwari Prasad (P. W 6) of Gardanibagh Police Station.

(3.) The tacts of the prosecution case, briefly stated are as follows. About 2 months prior to the occurrence, there was some quarrel between the children of Kanhai Bansphor the deceased and appellant Banwari Bansphor when the latter had threatened the deceased with serious consequences. At about 6 P. M. on the date of the occurrence hog of the deceased Kanhai had intruded into the house of appellant Banwari, and this led to some quarrel between appellant Chhabila and Munia (P. VV, 7) the wife of the deceased, and Munia was struck with a hura by appellant Chhabila The matter, however, ended there. The date of occurrence was the pay day tor thy municipal staff of the Municipal Corporation where the deceased had been working Kanhai was out to receive his pay arid returned home at about 10 P. M. At his asking his wife came down from her house and she told him of the assault on her by appellant Chhabila earlier in the evening. Appellants Bamvari, Nagina, Chhabila, Bhagi and Pardeshi and accused Banke who were sitting at the time at the door of Banwari came over near the door of the house of the deceased and they began to utter abuses and assault him with their Lathi and Banke with a Pali. The assaults were made on him at the door of his house, and Kanhai fled and fell at the road, some 4 steps from the stairs of his house. Raghunandan (P. W. 5) had arrived on hearing the hulla, and when he tried to save his brother Kanhai, he was also given two Lathi blows on his head by appellant Banwari and one blow with his Patti by accused Banke. There was great hulla when all the appellants and accused Banke fled away. Kanhai lay unconscious on the road, and an arrangement was being made to carry him to the police station when an Assistant Sub-Inspector of Police Shri Tanuk Prasad Singh (P. W. 10) arrived at about 11 P. M. in connection with Gurdanibagh Sanha No. 216. He found two parties of Doms ready to fight and would not stop in spite of the efforts of P. W. 10, and hence he was obliged to arrest them under Section 151 Cr. P. C. He found injuries on Kanhai and Raghunandan (P. W 5) as also on appellants Bhagi and Pardeshi. He took them to the Police station and thence sent them to Gardanibagh Hospital, having entered sanha No. 217, but did nothing further in the matter At the Gardanibagh Hospital injuries of the aforesaid 4 persons including 2 of the appellants were examined the same night by a lady Assistant Surgeon, S. Mukherjee (P. W. 1), who is described as the son (sic) of Late Sri S. Mukherjee. Since Kanhai was unconscious, he was sent to the Patna Medical College Hospital at once. The injuries on Raghunandan (P, W. 5) were examined at 3 A.M. He had one lacerated wound in from of left side of the skull 1" x 1" x 1/2", another lacerated wound on right ear 1/2" x 1/2" x1/6" and a bruise 3" x 1/2" on the right side of back below the scapula. The injuries were caused by hard blunt substance like Lathi or Pati, and the age of the injuries was within 6 hours The injuries ot appellants Pardeshi and Bhagi were examined a few minutes earlier. Pardeshi had one lacerated in fury on palmar side of left ring finger, 1" x 1/4" x 1/4" with swelling ancl another lacerated wound on the, palmar side of left little finger 1/2 x 1/4" x 1/4" with swelling. Appellant Bhagi had one lacerated injury 21/2" x 1/2 x 'skull' on the back of head on the right side, a swelling 2" x 1 on the top of the skull and another swell-in, on the back of right palm just below the forefinger, The injuries of both the appellants were simple caused by hard blunt substance like Lathi and their age within 6 hours,