SHEO KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition in revision is directed against the judgment and order dated 18th July, 1991 passed by Shri Amod Prasad Ram, 1st Additional Sessions Judge, Arrah in Criminal Appeal No. 105 of 1987 whereby the learned Additional Sessions Judge allowed the appeal in part only and confirmed the conviction of the accused-petitioners under Secs. 147 and 323 of the Indian Penal Code.

(2.) It appears that on 6.8.1983 at about 7.15 P.M. when the informant came out of his house he was caught by petitioners Sheo Kumar Choudhary and Sheo Kailash Choudhary and was assaulted by them. On alarm raised by the informant (since dead), petitioners Ram Nand Choudhary, Ram Kripal Choudhary (since dead), Rameshwar Choudhary, Sheo Pd. Choudhary, Vakil Choudhary and Vishram Choudhary came there armed with lathi. Ram Kripal Choudhary is alleged to have inflicted lathi blow on the head of the 3 informant and the rest are alleged to have assaulted the informant with fists and slaps. Thereafter, the petitioners are alleged to have brought the informant to the Dalan of the house where petitioners Sheo Kumar Choudhary and Sheo Kailash Choudhary are said to have assaulted on the chest of the informant. When the wife (P.W. 5) the informant came to the rescue of the informant, petitioner Sheo Prasad Choudhary is alleged to have thrown her on the ground. Chhathu Choudhary, the father-in-law of the informant is also alleged to have been assaulted by the petitioner Sheo Kailash Choudhary and Sheo Prasad Choudhary, when they tried to save the informant. After the assault petitioners Rameshwar Choudhary, Sheo Pd. Choudhary and Vishram Choudhary are alleged to have confined the informant in the house but the informant is said to have come out of the house any how.

(3.) On the fardbeyan of he informant the police registered a case against the petitioners and after investigation, submitted charge-sheet. On trial, the petitioners were convicted by the trial court for the charges under Secs. 147, 323, 325 and 347 and were sentenced to undergo rigorous imprisonment for four months & two months, six months and four months, respectively. However, the sentences were ordered to run concurrently. The learned appellate Court set aside the conviction under Sec.s 325 and 347 of the Indian Penal Code and acquitted one of the accused, namely Jai Kumar Choudhary of all the charges framed against him but confirmed the conviction and sentence passed against rest of the petitioners for the offences under Secs. 147 and 323 of the Indian Penal Code and hence this revision-petition.