MAHABIR SINGH Vs. JAGARNATH SINGH

JUDGEMENT

(1.) BOTH the appeals are directed against the common judgment or conviction and sentences passed against the appellants of both the appeals, by the 3rd Additional Sessions Judge, Aurangabad, in sessions Trial No. 112. 86/44. 91 and, as such, the appeals are heard together and disposed of by this common judgment.

(2.) THE prosecution case, as disclosed from the Fardbeyan of Ambika Prasad (PW. 8), the informant of the case, is that on 5. 5. 85 around 10. 30 A. M. . accused Jagarnath Singh. Mahabir Singh. Baijnath Singh, bishwanath Singh. Paras Singh had started filling up the foundation pit dug by the prosecution party in their own land, a day prior to 5. 5 85. Arjun Singh, brother of the informant went there and asked accused persons not to fill up the foundation pit, thereupon A hot exchange of words no tween accused Mahabir Singh and Arjun singh took place. The informant Ambika singh and Ram Devi Singh went there to pacify but, in the meantime, at the instance of Mahabir Singh, accused Baijnath assaulted Arjun Singh on his head with 'subal' (an instrument made of iron for digging earth ). Arjun Singh fell down and accused Jagarnath Singh thereafter assaulted. Arjun (the deceased) on his head with the blunt part of the spade in his hand. When the informant went to save Arjun. he was assaulted by accused Baijnath Singh with iron rod and accused Bishwanath with lathi. The informant also fell clown and thereafter, accused Nagendra Singh and yogendra Singh assaulted him with Lathi. The uncle of informant Ram Devi Singh (PW 3) was also assaulted by accused per sons According to the informant, the occurrence took place due to the fact that accused persons claimed the land as their own where the foundation pit was dug.

(3.) ON the basis of Fardbeyan a formal fi. R was drawn up and the case was registered against the accused persons. Police after investigation submitted charge sheet The case was committed to the court of Sessions and the learned 3rd Addl. Sessions judge after perusal of materials on record, framed charges under Sections 148/302 I. PC. against accused Baijnath singh and Jagarnath Singh, under Section 147/307/302 I. PC read with 149 I PC against accused Pradip Singh, Bishwanath singh, Nagendra Singh and Yogendra Singh and under sections 147/302 read with 149 i. PC. against accused Mahabir Singh and paras Singh. Accused persons having not pleaded guilty, the case was tried.