BALESHWAR YADAV @ BALESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed against the judgment and order of conviction dated 10.09.2002 and order of sentence dated 13.09.2002 passed by the Additional Sessions Judge-cum-Fast Track Court-III, Bhojpur at Ara in Sessions Trial No.364/93, arising out of Ara Muffasil P.S. Case No.9/93, whereby the learned trial Court has convicted the appellants for the offence punishable under Sections 147, 323, 325 & 307 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment of seven years each under Section 307 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment of one year each under Section 147, 323 and 325 of the Indian Penal Code. The sentences were directed to run concurrently.

(2.) The factual matrix of the case is that Ara Muffasil P.S. Case No.9/93 was instituted under Section 147, 323 and 307 of the Indian Penal Code against Baleshwar Rai, Nandjee Rai, Bhuneshwar Rai, Nagina Rai, Lalbabu Rai & Raj Bihari Rai on the basis of fardbeyan of one Chela Rai, son of Rambrai Rai, resident of village Bhoshula, P.S. Ara Muffasil, District Bhojpur at Ara recorded by S.I. Ganesh Thakur on 24.01.1993 at 12:45 PM in the male ward room no.1 of Sadar Hospital, Ara with the allegation in succinct that on 24.01.1993 at 7 AM he along with his son Vishwanath Rai was irrigating the field. After irrigating the field of Baldeo Singh, he started irrigating the field of Jairam Yadav. In the meantime, Baleshwar Rai, Nandji Rai, Bhuneshwar Rai, Nagina Rai, Lalbabu Rai & Raj Bihari Rai arrived there and insisted for irrigation of their field first. On protest made by him stating that after irrigating the field of Jairam Yadav his field will be irrigated. The aforesaid accused persons assaulted him by means of 'lathi' inflicting injury on his right wrist and on head, forehead, both limbs and upper part of the left knee of his son. After sustaining injury his son fell senseless. The aforesaid case was investigated by the police. The Investigating Officer after recording the further statement of the informant, statement of witnesses, inspecting the place of occurrence, collecting the injury report and finding the case to be true submitted the chargesheet against the accused persons under 147, 323, 325 and 307 of the Indian Penal Code.

(3.) On perusing the chargesheet and case diary, the learned Magistrate took cognizance of the offence and committed the case to the Court of Sessions. After transfer, the case finally came in seisin of learned Additional Sessions Judge-cum-Fast Track Court-III, Bhojpur at Ara for trial.