LAWS(PAT)-2017-4-30

AJAY KUMAR Vs. STATE OF BIHAR

Decided On April 07, 2017
AJAY KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This Appeal Is Directed Against The Judgment and Order Dated 21.12.2013 Passed By Ad Hoc Additional Sessions Judge, 1st Barh, Patna In Sessions Trial No. 388 of 2002 By Which He Has Convicted The Appellants Under Sections 341, 323, 447, 325 And 307/34 of The Indian Penal Code And Sentenced Them To Undergo Rigorous Imprisonment For Three Months Under Sec. 341 Ipc, Six Months Under Sec. 323 Ipc, Further Six Months Under Sec. 447 Ipc And Ten Years Under Sec. 307/34 Ipc And Five Years Under Sec. 325 Ipc With A Fine of Rs.10,000.00 To Each of The Appellants And In Case of Default of Payment of Fine, Appellants Were Further directed to serve three months simple imprisonment and also the appellants were directed to pay a compensation of Rs.20,000.00 to the victim Dharmveer Kumar.

(2.) The prosecution case, in short, is that on 23.11.1999 at about 4.45 P.M. while Deoki Devi @ Rampati Devi, the informant (P.W.7), was picking grass (Nikauni) with her son Dharmveer Kumar in her mustered field, in the meantime appellant Dwarika Yadav@ Pokhar Yadav, with two oxen arrived there and the oxen began to graze the mustered crop in her field on which, the informant protested and hot discussions took place between Dwarika Yadav and informant. Further prosecution case is that accused Dwarika Yadav called his son with weapon, thereupon two sons of Dwarika Yadav, namely, Ajay Kumar armed with samath and Vijay Kumar armed with lathi, came there and on the order of Dwarika to kill Dharmveer Kumar, accused Ajay assaulted with samath on the head of Dharmveer, due to which he fell down and became senseless and other accused Vijay also assaulted Dharmveer and considering him as dead, they assaulted Deoki Devi also with weapons in their hands. It is also the prosecution case that thereafter both the injured were taken to Sub-Divisional Hospital, Barh (hereinafter referred to as 'S D Hospital, Barh' ) and after first aid, Dharmveer Kumar was referred to Patna Medical College and Hospital (hereinafter referred to 'PMCH') for better treatment and where fardbeyan was recorded on 27.11.1999.

(3.) On the basis of the aforesaid fardbeyan Barh P.S.Case No. 387 of 1999 dated 28.11.1999 was instituted against the appellants under Sections 341, 447, 323, 325 and 307/34 of the Indian Penal Code and after investigation, charge-sheet was submitted under the aforesaid sections, accordingly cognizance of the offences was taken up. Thereafter the case was committed to the court of sessions, which ultimately came on transfer to Sri Deo Nandan Singh, Ad-hoc 1st Additional District and Sessions Judge, Barh, for trial and disposal.