DURGA PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Durga Paswan, Mahesh Paswan, Jugeshwar Paswan, Prahlad Paswan, Kedar Paswan, Shatrughan Paswan, Sikandar @ Shiv Shankar Paswan, Mallu, @ Ram Nandan Paswan, Sadan Paswan, Madan Paswan have been found guilty for an offence punishable under Sections 147, 148, 323/149 IPC but during course of inflicting sentence, no order has been passed relating to Section 147 IPC. However, each one has been directed to undergo SI for 1 year under Section 148 of the IPC, SI for 1 year under Sections 323/149 IPC vide judgment of conviction and sentence dated 22.12.2014 passed by Additional Sessions Judge-2nd, Barh, Patna in connection with Sessions Trial No. 968/1994.

(2.) Sushil Paswan (PW 2) gave his Fard-e-beyan on 29.12.91 at about 5.15 PM while he was admitted at Barh Hospital disclosing therein that on the same day at about 4.00 PM, Panchayati was going on at the door of Dwarika Prasad on account of dispute over flow of sewage in between Devi Paswan (his fateher) and Durga Paswan wherein, both the parties indulged in hot discussions whereupon, Durga Paswan provoked, consequent thereupon, Mahesh Paswan, Jugeshwar Paswan, Prahlad Paswan, Kedar Paswan, Shatrughan Paswan, Sikandar @ Shiv Shankar Paswan, Mallu, @ Ram Nandan Paswan, Sadan Paswan, Madan Paswan armed with lathi, country made pistol, brick particles began to assault. He was assaulted by Mahesh, Shatrughan with lathi causing injury over his forehead (left side), right hand while Prahlad shot at his father Deo Paswan causing injury over his head. Then thereafter, all the accused persons assaulted them with Lathi and brick particles. Arjun, Jaggu and others had seen the occurrence on whose intervention they were saved from further assault. It has also been narrated that Mallu was also one of the assailant.

(3.) On the basis of aforesaid Fard-e-beyan, Barh PS Case No. 498/1991 was registered whereupon investigation commenced and concluded by way of submission of charge-sheet which happens to be the basis of instant trial which concluded in a manner as indicated above, subject matter of instant appeal.