LAKHAN PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Lakhan Paswan, Baijnath Paswan, Billo Paswan and Subelal Paswan have been found guilty for an offence punishable under Section 323 of the I.P.C. and each one has been sentenced to undergo S.I. for three months, under Section 504 of I.P.C. and each one has been sentenced to undergo S.I. for six months, no separate sentence has been inflicted with regard to Section 341 of the I.P.C. vide judgment of conviction and sentence dated 22.12.2014 passed by the 4th Additional Sessions Judge, Jamui in Sessions Trial No.372 of 2011/ 221 of 2014.

(2.) Pw-5, Faguni Devi filed written report on 06.12.2010, disclosing therein that on account of allocation of Indira Aawas Yojna, she was carrying construction on her field. On 05.12.2010 at about 5.00 p.m., accused Lakhan Paswan, Baijnath Paswan, Billo Paswan and Subelal Paswan came and claimed the land. They also began to abuse. On protest, Subelal Paswan inflicted lathi blow over her head which she prevented and on account thereof, she sustained injury over her left hand as a result of which, sustained hurt. Blood oozen out. Then thereafter, he began to throttle as a result of which, she became unconscious. Her daughter-in-law lifted her and on her effort, she regained sense. During midst thereof, her daughterin-law was assaulted by Billo Paswan over her back and then, entered into grapple. Her younger daughter Pramila came in rescue, who was also assaulted by Baijnath Paswan over her waist as a result of which, she also became unconscious. Her another daughter Saraswati was assaulted by Lakhan Paswan. Billo Paswan snatched away chain from her daughter-in-law. Subelal Paswan snatched away ear-ring as well as nose-pin. Then thereafter, all of them, made house trespass and took away Rs.20,000/- after breaking open the lock of a box, which she had kept for construction. They have also threatened that their son-in-law happens to be notorious dacoit and at his instance, they will eliminate her whole family.

(3.) After registration of the case being Laxmipur (Gidhaur) P. S. Case No.294 of 2010, investigation commenced and concluded by way of submission of chargesheet facilitating the trial ultimately ended in recording conviction and sentence in a manner as indicated above.