LALKA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Lalka Paswan, Sushil Paswan @ Sunil Paswan, Bhudeshwar Paswan have been found guilty for an offence punishable under Section 307/34 of the IPC and each one has been sentenced to undergo R.I. for ten years as well as to pay fine appertaining to rupees five thousand and in default thereof, to undergo S.I. for six months, additionally, by the Additional Sessions Judge, 1st, Benipur, Darbhanga vide judgment of conviction dated 04.05.2015, order of sentence dated 05.05.2015 relating to Sessions Trial No.476/999.

(2.) Sanha No.508 dated 21.09.1998 was lodged at the end of Yogee Sharma, PW.6, divulging the fact that on the same day at about 05:00 PM while he was engaged in grazing cattle, he saw Lalka Paswan, Sushil Paswan and Bhudeshwar Paswan engaged in cutting paddy whereupon, he objected as a result of which they began to abuse and assaulted with lathi, leg and fist. He sustained injury over his head. Blood oozen out. His son Umesh rushed in rescue who was also assaulted. Mahesh Yadav, Bhikhar Thakur, were disclosed as an eye witness to occurrence.

(3.) Though, the Investigating Officer has not been examined but from the record it transpires that Yogee Sharma was sent to hospital and after getting injury report therefrom, substantial case was registered bearing Biraul P.S. Case No.107/1998 followed with an investigation and after completing the same, charge sheet was submitted, basis for trial which ultimately concluded in a manner, subject matter of instant appeal.