SHEO PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment and order dated 16the August, 1991 of the Special Judge, Rohtas at Sasaram passed in G.R. No. 214/59 of 1986/1991 arising out of Sararam (M) P.S. Case No. 4o of 1986 whereby the appellants have been convicted under Sections 147 and 323, IPC and each of them has been sentenced to undergo RI for three months under each of the two counts. Each of the appellants has also been convicted under Section 447, IPC and sentenced to undergo RI for one month.

(2.) The fardbeyan of the informant Rambali Ram (Ext. 2) was recorded at Sasaram Mufassil Police Station on 27th January, 1986 at 8.00 p.m. when the informant had gone there with his brother Madan Ram (not examined) for lodging the FIR and the prosecution case vide fardbeyan of the informant was that day (27.1.1986) at 5.00 p.m. while he (the informant) along with his brother Madan Ram was plucking tomato in his field, appellant Sheo Prasad Sah came there and he complained that his (informant's) son had uprooted the Masoor Crop from his (Sheo Prasad's) field. The informant denied 1 whereupon appellant Sheo Prasad Sah abused him and ran to assault him (the informant). The informant and his brother Madan Ram fled to their house but Sheo Prasad and other appellants carrying lathi chased them upto their house and on the verandah of the house, the appellants assaulted the informant with lathi. Manik Chand (PW 3) and villagers are said to have seen the occurrence. The informant states to have received the injury on the ring finger of the left hand, back and forehead. On the basis of the FIR (Ext. 3) was registered and after submission of the charge-sheet, appellants were put on trial and have been convicted and sentenced as above.

(3.) The defence case was that the appellants and other members of the prosecution party had assaulted and injured Sanjharo Devi, wife of Sheo Prasad Sah (appellant) on the same day and that in order to save skin from the case lodged by Sanjhari Devi, this case the instituted falsely.