BHANU TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Bhanu Tiwari, Sonu Tiwari and Bhutti Tiwari have been found guilty for an offence punishable under Section 341 IPC and sentenced to undergo RI for 15 days, under Section 324 IPC, sentenced to undergo SI for six months with a further direction to run the sentences concurrently vide judgment of conviction, order of sentence dated 04.12.2014 passed by Additional Sessions Judge-III, Gopalganj in Sessions Trial No. 302/11/213/2014.

(2.) PW-3, Ashok Tiwari while was admitted at PHC, Baikunthpur on 15.12010 at about 6:00 PM gave his Fard-e-beyan alleging inter alia that on the same day at about 4:00 PM, while he was sitting at his Darwaza, cow of Sonu Tiwari was grazing his potato/mustard crops whereupon his mother gone to chase and during course thereof, there was altercation in between his mother as well as Sonu Tiwari who began to abuse his mother. He rushed and forbidden him. Whereupon, Bhanu Tiwari armed with Chhura, Sonu Tiwari armed with Farsa and Bhutti Tiwari with Lathi came, abused and then Bhanu gave Chhura blow causing injury over his head, finger of his right hand. His mother rushed in rescue who was also assaulted by Farsa by Sonu Tiwari. His father who had just arrived from his shop, came in rescue who was also assaulted by Bhutti with Lathi, as a result of which his hand fractured. Bhutti Tiwari also took away Rs. 32,600/-. On hue and cry villagers rushed whereupon accused persons fled away.

(3.) On the basis of the aforesaid Fard-e-beyan, Baikunthpur PS Case No. 135/2010, was registered whereupon, investigation commenced followed with submission of charge-sheet which happens to be the basis of trial which ultimately concluded in a manner, subject matter of instant appeal.