JYOTI PRAKASH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal at the instance of the six appellants herein has been preferred against the judgment and order dated the 28th November, 1992 passed by Sri Madhusudan Singh, the then 6th Additional Sessions Judge, Rohtas at Sasaram, in Sessions Trial No. 57 of 1984 arising out of Dawath P.S. case No. 61 of 1982. By the impugned judgment and order whereas all the six appellants have been found guilty for the commission of offences punishable under Sections 147 and 323 I.P.C. and each of them have been sentenced to suffer simple imprisonment for six months on each count, appellants Munna Chaudhry and Birender Chaudhry have further been convicted for commission of offence punishable under Sec.379 I.P.C. and each of them have further been sentenced to undergo rigorous imprisonment for a term of one year. All the sentences were directed to run concurrently.

(2.) The prosecution case is based on the written report (Ext. 2) submitted on 18th May, 1982, by one Dhanraj Chaudhary (P.W. 3), inter alia, alleging therein, that earlier that day while he was returning home from Koath bazar after purchasing clothes and other articles for marriage purposes and enroute when he reached near the Padri Saheb's bridge near village Kusanda, all the six F.I.R. named accused surrounded and assaulted him and in course thereof Birendra Chaudhry and Sabhachand Chaudhry jointly took away Rs. 3700.00 kept in the upper pocket of his shirt and Munna Chaudhry and the son of Rajaram Chaudhry (Chittaranjan Chaudhry) snatched his wrist watch and Anil Kumar Chaudhry and son of Raghunath Chaudhry (Sheodas Chaudhry) assaulted him with danda as a result whereof he started bleeding from the mouth and sustained injuries on his hands and back. It is said that he raised alarm but in the meanwhile a bus of the Tiwary Bus Service which was passing by picked him up and brought him to the Police Station. It has been alleged that the accused had caught his neck and were pressing it. The cause for the occurrence is said to be the fact that on 17.5.1982, a fight had taken place between his nephew Hemant and Birbal on one hand and Anil Kumar and son of Rajaram Chaudhry (Chittaranjan Chaudhry) on the other which had been intervened by his elder brother. It was also alleged that Anil Chaudhry and son of Raghunath Chaudhry (Sheodas Chaudhry) had taken away his cycle.

(3.) On the basis of the aforesaid written report Dawath P.S. Case No. 61 of 1982 was registered under Sections 147, 323, 379, 307 I.P.C. and after due investigation a charge sheet under the.aforesaid Sections as also Sec.325 I.P.C. was submitted against all the six F.I.R. named accused persons.