RAMASHISHRAIDUKHANRAIBAIJNATHRAISHURARAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision filed under Sections 397 and 401 of the Code of Criminal Procedure is directed against the judgment and order dated 30-11-1984 passed by Mr. Lala Radhakumar Sinha, the 2nd Additional Sessions Judge, Saran, Chapra in Criminal Appeal No. 2 of 1981 confirming the order of conviction and sentence dated 20-12-1980 passed by Mr. Amarendra Kumar Singh, Judical Magistrate, Ist Class in G.R. Case No. 490 of 1976 Tr No. 1754/80 under Sections 323 and 324 of the Indian Penal Code with alteration of conviction under Section 323 to 323/109 I.P.C. in respect of petitioner No. 1, Ramashish Rai.

(2.) The informant Mahanta Rai lodged a case against these petitioners with an allegation that on 15-3-1976 while he was driving the Tire-Cart having loaded the same with Dari, Kalin, Tripal etc and when his Tire-Cart reached in front of the house of the petitioner all the petitioners abused and assaulted him. It has been alleged that petititioner No. 4 Shura Rai having caught him dragged down from the Cart and gave lathi blow, petitioner No. 3, Baijnath Rai caused injury on his leg with Bhala and petitioner No. 2 Dukhan Rai assaulted him by means of Farsa. A counter case was also lodged by one of the petitioners against the prosecution. Both the cases were investigated by the police and both the parties were put on trial separately.

(3.) In support of its case the prosecution has examined six witnesses out of whom P.W. 2 and 5 are on the point of occurrence, P.W. 4 is the doctor and rest are not material. However, the Investigating Officer was not examined. The defence also adduced the evidence in support of the denial of the occurrence. The trial court having considered the evidence found the petitioner No 2 Dukhan Rai guilty for the offence under Section 324 and rest petitioners guilty for the offence under Section 323 I.P.C. and accordingly convicted them thereunder. Petitioner No. 2 Dukhan Rai has been sentenced to undergo rigorus imprisonment for nine months whereas rest three were sentenced to undergo R. I. for six months for the respective offences.