SANDEEP GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar, Amicus for the appellants and Ms. Anita Kumari Singh, learned APP for the State.

(2.) The present appeal has been filed under Sec. 11(2) of the Probation of Offenders Act, 1958 challenging the Judgment of conviction and order of sentence dtd. 24/9/2013 in Sessions Trial No. 386 of 2010 arising out of Durgawati P.S. Case No. 155 of 2009 passed by the learned Adhoc Additional District Judge-I, Kaimur have convicted the appellants under Ss. 323, 325, 341 and 504 read with 34 of the Indian Penal Code (hereinafter referred as 'IPC') and sentenced them to furnish the personal bond of Rs.5,000.00 each under Sec. 4 of the Probation of Offenders Act, 1958 for maintaining the peace for 3 years and during that period they will keep away from any dispute with informant.

(3.) The brief facts leading to the filing of the present appeal on the basis of the fardbeyan of the informant, is that informant O.P. No.2 was returning to his house after attending the call of nature at 5'o clock in the morning then all the appellants beside their two daughters coming from same family caught him dragged him inside the house and after tiding him assaulted by means of lathi and in that transaction it is the accused Sunil Gupta who gave a blow of the edge of the Tangi upon the head causing the cut bleeding injury also besides the other injuries as the accused persons had strong doubt in their mind that it was the informant who used to discharge the latrine at their Darwaja.