RAM SAGAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is against the judgment and order dated 4th June, 1992 of the 1st Additional Sessions Judge, Katihar passed in Sessions Case No. 64 of 1983 whereby appellant Ram Sagar Rai has been convicted under Sec.323 I.P.C. and sentenced to undergo R.I. for 6 months and appellant Jamun Rishi has been convicted under Sec.324 I.P.C. and sentenced to undergo R.I. for 1 year.

(2.) At the very outset it has to be mentioned that four accused persons, namely, Ram Sagar Rai and Jamun Rishi (appellants) and Prem Sagar Rai and Mangal Rishi were put on trial for various charges under Sections 307/149, 326 and 323 I.P.C. On conclusion of trial, accused Prem Sagar Rai was acquitted and the appellants, besides Mangal Rishi, were also convicted under Sec.323 I.P.C. and sentenced to undergo R.I. for 6 months. Out of the convicts, only the present two appellans prefered this appeal.

(3.) The prosecution case was that on 20th August, 1982, at about 5:00 P.M. the informant Ramjee Tiwary (RW. 6) alongwith Shashi Bhushan Tiwary (RW. 5) was going from his house to his field and in the way when they reached near the house of Jamun Rishi, the accused persons alongwith one Anant Lal (who died during the trial) were found sitting near the house of appellant Jamun Rishi. Seeing the informant, Jamun Rishi stated that he had filed a case against the informant whereupon the appellant enquired as to what the case was. Then it is said that Anant Lal stated that the informant had filed a case against them and he ordered to assault whereupon Jamun Rishi (appellant) gave a farsa blow on the head of the informant. Shashi Bhushan (RW. 5) tried to intervene and save the informant whereupon Mangal Rishi assaulted him (Shishi Bhushan) with Lathi. Accused Ram Sagar Rai (appellant) gave a Lathi blow on the arm of the informant. The informant received injuries and fell down. The informant and Shashi Bhushan both had received injuries. The informant was removed to the hospital. The fard beyan of the informant was recorded and on the basis of fard beyan, an F.I.R. was drawn up and the investigation commenced and on completion of it, charge-sheet was submitted and the accused persons were put on trial wherein the accused persons, including the appellants were convicted and sentenced, as above.