AKHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Akhilesh Kumar, Navlesh Kumar and Pawan Kumar have been found guilty for an offence punishable under Section 353 of the IPC and each one has been sentenced to undergo R.I. for two years vide judgment of conviction and sentence dated 17.12.2014 passed by Additional Sessions Judge, VIth, Gaya in Sessions Trial No.78 of 2014 / 495 of 2004.

(2.) Pw.5, Anand Mohan Srivastava, an Amin, filed written report on 18.09.2002 at 06:00 PM alleging inter alia that he happens to be posted as Anchal Amin at Anchal Office, Tekari. Today i.e. 18.09.2002 he accompanied the C.O., Nagendra Prasad Sinha (PW.3) armed police personnel, police official of Tekari P.S. to remove encroachment in pursuance of order having been passed by the SDM, Tekari in Encroachment Case No.7/99-2000. They reached at the place of occurrence at 03:00 PM. C.O. had directed Akhilesh Kumar, Navlesh Kumar and Pawan Kumar to remove encroachment as he was directed by the SDM to remove the encroachment but, none of the encroachers were ready to pay heed, on the other hand they began to abuse as well as threatened of dire consequence. During midst thereof, C.O. had directed him to measure the land in order to ascertain actual area of encroachment whereupon, the encroachers have said that in case of any activity at his end will cost his life. They have also threatened that C.O. as well as police personnel will also be murdered. Anyhow, he proceeded in terms of order given by the C.O. whereupon, Navlesh Kumar and Pawan Kumar snatched away chain from his hand and threw it. They caught hold him, threw on the ground and began to throttle. Akhilesh Kumar pelted stone on others. Anyhow, he was rescued by the police personnel otherwise he might have been murdered. Then, thereafter on an order of C.O. Akhilesh Kumar, Navlesh Kumar and Pawan Kumar were apprehended.

(3.) On the basis of the aforesaid written report, Tekari P.S. Case No.160/2002 was registered followed with an investigation which ultimately concluded by way of filing of charge sheet against all the accused under Section 323,341,337, 307, 353, 504, 34 of the IPC and being the offences exclusively triable by the court of Session, paved way for trial before the court of Sessions on commitment which ultimately concluded having verdict of guilt as well as sentence, subject matter of instant appeal.