BABULAL RAM AND ANR. Vs. STATE OF BIHAR

JUDGEMENT

(1.) (Oral) - Heard learned counsel for the appellants as well as learned APP for the State.

(2.) Cr. App (SJ) No. 300/2002 wherein Babulal Ram and Deosharan Ram happen to be appellants while Cr. App (SJ) No. 366/2002 wherein Sheolochan Ram and Liladhar Ram happen to be the appellants commonly originate against the judgment of conviction and sentence dated 27.05.2002 passed by Presiding Officer, Fast Track Court-1st, Siwan in Sessions Trial No. 194/1989/80/2001 whereby and where under appellant, Sheolochan Ram has been convicted for an offence punishable under Sections 324 Penal Code and sentenced to undergo RI for six months while remaining appellants, namely, Babulal Ram, Deosharan Ram and Liladhar Ram have been found guilty for an offence punishable under Sec. 323 Penal Code and directed each of them to undergo RI for three months, on account thereof, have been heard together and are being disposed of by a common judgment.

(3.) PW-7, Bipin Ram gave his Fard-e-beyan on 02.05.1988 at about 10:30 p.m. at Sadar Hospital, Siwan along with his father Bikau Ram, brother, Balindar Ram and Charitar Ram (all injured) alleging inter alia that on the same day at about 7:00 p.m. while they were at their Darwaza, Babulal Ram, Sheolochan Ram Deosharan Ram and Liladhar Ram began to abuse from their Darwaza. They were also disclosing that they would not leave the hut. On this, his father resisted. During midst thereof, Babulal Ram came and caught hold his father. Sheolochan Ram armed with Farsa, Deosharan Ram, Liladhar Ram and Babulal Ram armed with Lathi came out of whom Sheolochan gave Farsa blow upon his father. Rest assaulted with Lathi. The accused persons were joined by Bhikhar Ram, Munilal Ram, Raksha Ram and Dharam Ram at the time of their intervention who along with others assaulted them with Lathi. On hue and cry, co-villagers including, Goga Ram, Raghubar Ram, Khobari Ram and Parashu Ram came and got the matter pacified. It has further been disclosed that as they had lent their hut to the accused persons who were neither paying rent nor vacating the same, on account thereof, the said occurrence has been committed. Then thereafter, the injured were lifted to the hospital.