HARDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

(2.) This appeal has been preferred against the judgment and order of conviction dated 29.06.2002 and order of sentence dated 02.07.2002 passed by the Additional Sessions Judge-VI, Begusarai in Sessions Trial no. 252 of 1994 arising out of Matihani P.S. Case No. 55 of 1993, whereby the learned trial court convicted the accused persons namely, Hardeo Rai, Bhagirath Rai, Ram Shankar Rai @ Batoran Rai and Dasrath Rai for the offence punishable under Section 307/34 of the Indian Penal Code and further convicted the accused Ram Shankar Rai @ Batoran Rai and Bhagirath Rai for the offence punishable under Section 323 of the Indian Penal Code and sentenced the aforesaid convicts to undergo R.I. for seven years for the offence under Section 307/34 of the Indian Penal Code and also slapped the convicts namely, Ram Shankar Rai @ Batoran Rai and Bhagirath Rai with a fine of Rs. 500/- each and in default of payment of fine to undergo R.I. for 15 days each under Section 323 of the Indian Penal Code.

(3.) The factual matrix of the case is that Matihani P.S. Case No. 55 of 1993 was instituted under Sections 324, 323, 307/34 of the Indian Penal Code against accused Hardeo Rai, Dasrath Rai, Shankar Rai @ Batoran Rai and Bhagirath Rai on the basis of fardbeyan of Shakal Deo Rai S/o Late Bodhan Rai R/o Village & P.S. Matihani District-Begusarai recorded by S.I. N. Singh of P.S. Town Begusarai in the clinic of Dr. Shashi Bhusan Sharma on 24.10.1993 at 17:00 with the allegation, in succinct that on 23.10.1993 (Saturday) at 8:00 PM, he had gone to see his field located in Balha Bandh, he spotted Hardeo Rai, Dasrath Rai, Shankar Rai @ Batoran Rain, Bhagirath Rai standing in his field. Dasrath Rai cut the northern ridge of his filed and uprooted the bush. On protest made by him, Hardeo Rai gave order to eliminate him whereupon Dasrath Rai assaulted on his neck by means of spade inflicting cut injury on his neck which started bleeding profusely. When he rushed to escape, Shankar Rai @ Batoran Rain caught him hold and Bhagirath Rai indiscriminately assaulted him by means of lathi. Sustaining injury he fell down, his villager Lalan Rai, Ram Padarath Rai, Ramasray Rai, Lutan Rai and others who were working in nearby field rushed to him and saved his life and took him to Matihani Dhala and from there to clinic of Dr. Sashi Bhusan Sharma. He was senseless since the occurrence.