BHUWAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications have been heard together as they arise out of the same judgment of the learned Lower Appellate Court. This judgment will govern both of them. Criminal Revision No. 1361 of 1986

(2.) So far as Criminal Revision No. 1361 of 1986 is concerned it has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short the 'Code'), The accused persons numbering 14 were the petitioners. However, this criminal revision application was admitted only with respect to applicant No. 1 Bhuwal Prasad. With respect to the rest it was dismissed as will appear from the order sheet dated 25-11-1986. All. the 14 petitioners figured as accused in G.R. Case No. 1575 of 1979/Tr. Case No. 39 of 1984 disposed of by" Shri Rajendra Narayan Singh, Judicial Magistrate, Ist Class, Siwan by which the learned Magistrate convicted the aforesaid petitioners under Section 380 of the Penal Code and sentenced them to undergo rigorous imprisonment for a period of one year each. The petitioners were further convicted under Sections 323 and 147 of the Penal Code and were sentenced to undergo rigorous imprisonment for six months each under each count. The sentences were ordered to run concurrently. On appeal Shri P. (sic), the learned Ist Additional Judge, Siwan acquitted the appellants under Section 380 of the Penal Code while maintaining their conviction under Sections 147 and 323 of the Penal code. He, however, reduced their sentences under each count from six months' rigorous imprisonment to a fine of Rs. 25/- each under each count and in default to undergo rigours imprisonment for one month each. With this modification in sentence he upheld the conviction of the petitioners under Sections 147 and 323 of the Penal Code while acquitting them of the charge under Section 380 of the Penal Code.

(3.) Briefly stated the facts of this case are as follows : One Fakre Alam the informant (P.W. 9) had lodged the F.I.R. at Basantpur P.S. making out various allegations against the petitioners. According to him at 8 AM. on 1.11.1979 while he was sitting at his Darbaja the petitioners came there and charged him that he had got a false case instituted against them by Harijans of Bhaparpur and for doing this illegal act he should be finished. The informant denied his hand in any such case and asked them to come after he offered the Nawaj prayers. The petitioners went back but again returned to the informant after his Nawaj prayer, abused him, assaulted him, his uncle and cousin and removed certain articles from their house. The F.I.R. was lodged and the police after completing the investigations submitted charge-sheet under Sections 147, 323,448 and 380 of the Penal Code. The cognizance of the offence was taken and the case was transferred to the Judicial Magistrate named above for trial. The learned Magistrate after the conclusion of the trial sentenced the petitioners in the manner indicated above and in appeal, as stated above, the sentences were modified.