KAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Kameshwar Singh, Babuwa Singh vide judgment of conviction and sentence dated 27.01.2015 passed by First Additional Sessions Judge-cum-Special Judge (SC/ST), Bhojpur at Ara in SC/ST Case No.85/2011 arising out of Agiaon Bazar P.S. Case No.24/2010 have been found guilty for an offence punishable under Section 341 IPC and sentenced to undergo S.I. for one month, under Section 323/34 IPC, sentenced to undergo S.I. for six months, under Section 3(i)(x) of the SC/ST (POA) Act and sentenced to undergo S.I. for six months with a further direction to run the sentences concurrently.

(2.) Pw.3, Shri Ram Mushar filed written report on 07.05.2010 alleging inter alia that on 06.05.2010 at about 03:30 PM while he along with his wife Raj Kali Devi was engaged in grazing pigs, at that very moment, Ex-mukhiya Kameshwar Singh and his son Babuwa Singh came, abused "Sala Mushar Tum Mere Khilaf Janta Darbar Me Dakhal Deta Hai Mai Tum Logo Ko Barbad Kar Dunga" and then gave two fist blows. His wife rushed in rescue whereupon, Babuwa Singh caught hold hair of his wife, pushed her on the ground and then, Kameshwar Singh gave leg blow. So many persons of surrounding came seeing whom, both accused fled away. It has also been disclosed that perceiving them as Mushar, Kameshwar Singh used to torture him.

(3.) After registration of Agiaon Bazar P.S. Case No.24/2010 investigation commenced and concluded by way of submission of charge sheet facilitating the trial which ultimately concluded in a manner, subject matter of instant appeal.