JAI RAM PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This original revision arises out of judgment and order passed on 19th May, 1988 by Shri J. K. Prasad, 6th Additional Sessions Judge, Palamau in Cr. Appeal No. 130/85 through which the judgment and order of conviction dated 24-8-85 passed by Shri S. M. Ram, Judicial Magistrate, Palamau at Daltonganj in G.R. No. 1254/80 was confirmed so far the petitioners are concerned.

(2.) The fact in short giving rise to this revision is that the informant Maldeo Singh of village Paharikala, P.S.Lesliganj, district Palamau submitted written report at Lesliganj P. S. in the morning of 9-11-1980 alleging therein that he along with his nephew Brijdeo Singh along with Chandrika Singh, Okil Singh, Autar Dusad etc. had gone to village Kirto for Gow Danr Puja at Bir Kuanr Asthan then the accused Jairam Pandey, Bigan Pandey named in the petition came there and asked the informant-party that they will do Gow Danr Puja first of all then the informant and others insisted that they will do worship first because they had arrived at the place earlier. For that there was altercation and the accused persons left the place. After completing pooja informant and his nephew and other witnesses were returning and reached near a pine then all on a sudden these accused persons came and surrounded them and they were armed with Garansa, Bhala, lathi etc. It has been alleged that accused Jairam Pandey gave a Garansa blow on the head of the informant while Bigan Penday gave Bhala blow near the righ" eye of the informant and another Garansa blow on the head of Brajdeo Singh and Lakhan Pandey assulted him by the wooden portion of Garansa and so they were seriously injured. In the right the villagers came and took them to the village but it was late in the night and they could not go to the police station and on the next morning that is on 9-11-1980 the informant and other injured and village Chowkidar came to P. S. Lesliganj and lodged FIR at 8 a.m.

(3.) The police then took up the investigation visited the P.O. got two of the injured examined by a doctor and after completing the investigation submitted charge-sheet as against eight accused persons. All the accused persons claimed themselves innocent in the court below and after conclusion of the trial Sheo Murat Ram, Judicial Magistrate, 1st Class, Daltongany vide his jugdment, dated 24-8-1985 found all the eight accused persons guilty under Section 3 6 of the Indian Penal Code and also under Section 323/341/324 of the Indian Penal Code and convicted all the appellants and sentenced the accused Jairam Pandey, Kedar Pandey, Beghan Pandey, Ram Bilas Pandey to undergo R. I. for two years under Section 326/34 of the Indian Penal Code but no separate sentence was awarded under Sections 323/324/341 of the Indian Penal Code. The accused Shyam Nandan Pandey, Satyanrayan Pandey, Bigan Pandey and Lakhan Pandey were not awarded any substantive sentence rather they were ordered to be released on execution of bond and for maintaining piece for a period of one year under Section 360 of the Code of Criminal Procedure.