PARMA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel Amicus Curiae for the appellant and learned Additional Public Prosecutors appearing for the State.

(2.) This appeal has been filed challenging the judgment of conviction dtd. 1/12/2015 and order of sentence dtd. 5/12/2015 passed by the learned Additional Sessions Judge 3rd, Muzaffarpur in connection with Sessions Trial No. 399 of 2002 arising out of Karza P.S. Case No. 79 of 2001 whereby and whereunder this appellants has been convicted for committing offence under Ss. 307 and 341 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs.10,000.00 under Sec. 307 of the Indian Penal Code and in case of default of payment of fine, to further undergo simple imprisonment for two months and has been sentenced to undergo simple imprisonment for one month under Sec. 341 of the Indian Penal Code.

(3.) The prosecution story, in brief, is that all the F.I.R. named accused persons are agnates of the informant and there is dispute between them regarding Shisham tree since long. Last year, informant cut down three Shisham trees out of which, one was stolen and when he was bringing other two Shisham trees, all the accused persons stopped him and it was decided that the Shisham tree will be handed over to the right owner only after measurement of the land. On the alleged date of occurrence, in presence of both the parties, the land in question was measured and the same fell in share of the informant. Thereafter, all the people were returning home at about 1 PM when this appellant told that he would not accept the measurement, which was objected by son of informant, namely Mithilesh Singh, upon which this appellant assaulted son of informant, namely Mithilesh Singh, by means of knife which caused injury on his shoulder. It is further alleged that when the informant tried to save his son, co-accused Murli Singh caught him and this appellant assaulted on the back of informant with knife and when another son of informant, namely Krishna Singh, came to lift him upon, all the accused persons, including this appellant, assaulted him.