SIPAHI TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Ms. Sarandha Suman, Amicus Curiae 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 judgment of conviction dtd. 8/5/2013 and order of sentence dtd. 10/5/2013 passed in Sessions Trial No. 71 of 2008. in connection with Narainpur P.S. Case No. 08 of 2007 dtd. 4/4/2007 passed by Adhoc Additional. Sessions Judge-II, Ara, Bhojpur whereby and where-under the appellants have been convicted for the offence under Ss. 307 and 341 of Indian Penal Code (hereinafter referred as 'IPC') and for the offence punishable under Ss. 307 and 341 of the IPC sentenced to rigorous imprisonment for 10 years and to pay fine of Rs.5000.00 and to undergo simple imprisonment for 3 months in default of payment of fine.

(3.) The prosecution case as alleged in written application of PW-6 Parmanand Upadhyay the informant to the SHO Narainpur P.S. on 4/4/2007 is that on the date of occurrence that is 4/4/2007 in the evening when son of the appellant Sipahi Tiwary namely, Deepak was uprooting the gram crops from the land of informant and after seeing this father of informant went to house of appellant, and complaint about the same on which the appellant abused him and threatened him how dare you to come to the door of his house to make complaint. Thereafter some verbal altercation ensued in between them and meanwhile Sipahi Tiwary brought lathi and assaulted the father of informant. It is alleged that the appellant with intention to kill the father of the informant hit on his head with a lathi. He fell on the ground after sustaining injury. On alarm, the informant reached to the aforesaid place of incident and tried to bring him to his place in between the appellant also assaulted him on his left hand as a result of which his hand was broken. The aforesaid occurrence was witnessed by many villagers.