SHYAM NATH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under sec. 326 of the Indian Penal Code and has been sentenced to undergo rigorours imprisonment for three years.

(2.) THE prosecution case, in brief, is that the informant, Sachidanand Singh got his land in village Laxmipur and used to produce wheat etc. It has been alleged that Shyam Nath Sah, Ram Singar Singh and Ramji San also lived in the same village. Shyamnath Sah had a grocery shop. So he purchased one Quintal of wheat from Sachidanand Singh on credit for selling it in his shop. On 17.7.1985 at about 6 P.M. Sachidanand Singh (informant) went to Bakhari Chatti and called Shyam Nath Sah on the road and demanded Rs. 150 price of one quintal of wheat which he sold to him on credit. There Ramji Sah, Hajari Sah and Ram Singar Singh were also present. On demand of the price of wheat Shyam Nath Sah did not pay the price. So an altercation took place in between them. All the four accused persons began to hurle abuses to the informant. The informant protested. At this Hazari Sah and Ramji Sah caught hold of Sachidanand Singh and they began to assault him with fists and slaps. Hazari Sah also ordered to assault him. Then Shyam Nath Sah went to his shop which was on the other side of the road and brought farsa and assaulted Sachidnand Singh on his head. Ram Singar Singh also assaulted. Having sustained injuries the informant fell down and raised alarm. After that Ram Singar Singh took away Rs. 250/ - from his pocket. In the meantime Deonath Singh, Shanker Singh, Mulhai Mishra, Baleshwar Choudhary assembled there and saved the life of the informant. After the occurrence they also brought him to Mahua Hospital and his Fardbeyan was recorded. On the basis of the aforesaid Fardbeyan a formal F.I.R. was drawn up. The police after completing the evidence submitted charge sheet. The case was committed to the court of session in which the appellant has been convicted in the manner indicated above.

(3.) THE prosecution in order to prove its case has examined altogether seven witnesses. P.W. 1 is Deonath Singh. P.W. 2 Shiva Shanker Singh. P.W. 3 Sachinand Nand Singh is the informant himself. P.W. 4 Shambhunath Choudhary and P.W. 6 Lagandeo Singh are Advocate Clerks They have only proved documents of prosecution. P.W. 5 is Dr. Ram Ashish Singh who examined the injured informant. P.W. 7 is Jainath Singh the then Officer Incharge of Mahua Police Station.