NAVEEN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Shivendra Prasad, learned senior Advocate for the appellants and Mr. Anand Mohan Mehta, learned APP for the State.

(2.) The present appeal has been filed under Sec. 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as 'Cr.P.C') challenging the judgement of conviction dtd. 12/3/2013 and order of sentence dtd. 14/3/2013 passed in Sessions Trial No. 415 of 2010. in connection with Barari P.S. Case No. 48 of 2008 dtd. 30/4/2008 passed by, Adhoc Addl. Sessions Judge IV, Katihar, whereby and where-under the appellants have been convicted for the offence under Ss. 143, 323, 325, 307 and 504 of Indian Penal Code (hereinafter referred as 'IPC') and for the offence punishable under Sec. 143 of the IPC sentenced to fine of Rs.500.00 each and in default of payment of fine, to undergo imprisonment for 2 months and for offence punishable under Sec. 323 of the IPC sentenced to imprisonment for 9 months and to pay fine of Rs.500.00 each and to undergo imprisonment for 2 months in default of payment of fine and for the offence punishable under Sec. 325 of the IPC sentenced to rigorous imprisonment for 5 years and to pay fine of Rs.3000.00 each and to undergo imprisonment for 6 months in default of payment of fine and for the offence punishable under Sec. 307 of the IPC sentenced to rigorous imprisonment for 7 years and to pay fine of Rs.5000.00 each and to undergo imprisonment for 1 year in default of payment of fine and for the offence punishable under Sec. 504 of the IPC sentenced to imprisonment for 1 year and to pay fine of Rs.500.00 each and to undergo imprisonment for 3 months in default of payment of fine. However the sentence have been ordered to run concurrently.

(3.) The brief facts leading to the filing of the present appeal on the basis of the written information of informant Md. Farookh Alam who is injured has given statement to the Officer-in-charge of Barari P.S. alleged that on 29/10/2008 in the night at about 11:00 PM, when the informant was irrigating his parwal field in Joniya Diyara they saw the accused persons came and started assaulting the informant asking him who had told them to do that. It was alleged that the informant replied that he was poor labourer and that he would not leave Diyara. It was further alleged that the accused person assaulted the informant with the intention to kill him. It was alleged further that the accused person assaulted Md. Tanbeer Alam, Md Qasim, and Md. Tauhid also.