UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Upendra Singh, Lal Babu Singh @ Alagu Singh and Sanjay Singh have been found guilty for the offences punishable under Section 341 of I.P.C. and sentenced to undergo S.I. for one month, under Section 323 I.P.C. and sentenced to undergo S.I. six months, under Section 325 of I.P.C. and sentenced to undergo R.I. for two and half years as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo S. I. for two months, additionally with a further direction to run the sentences concurrently, as well as period of custody during trial should be set off in accordance with Section 428 Cr.P.C. vide judgment of conviction and sentence dated 16.01.2015 passed by the Additional Sessions Judge-9 th, Saran at Chapra in Sessions Trial No.100 of 2004/ 2870 of 2014.

(2.) Pw-3 Babu Lal Singh gave his fard-bayan on 22.08.1999 at about 4.30 p.m. while he was admitted at Referral Hospital, Taraiya disclosing therein that on the same day at about 3.00 p.m. while he was sitting in front of Jyoti Medical Hall near Mahabir Temple located at Pachraur Bazar and was reading newspaper as he had gone to shave, all of a sudden, his co-villager as well as neighbour Upendra Singh, Satya Narayan Singh, Algu Singh @ Lalbabu Singh, Sanjay Singh armed with rod came and began to assault. He fell down and then thereafter, Sanjay Singh pierced rod in his stomach with an intention to kill. Satya Narayan Singh had assaulted over his right leg in between knee as well as ankle. Algu Singh inflicted severe injury over his right hand, which was fractured since before and for that, treatment was going on. Upendra Singh damaged his left hand. While he was lying over the ground, Sita Ram Singh and Vakil Singh were provoking to assault, whereupon all the four again assaulted. So many persons including Shambhu Nath Singh, Jagat Narayan intervened into the matter. During course thereof, Sanjay Singh took away Rs.4,000/- from his underwear. His family members and other took him to his Bathan and from there, he was taken to police station on jeep. Seeing his condition, he was referred to hospital. It has also been disclosed therein that for an occurrence dated 14.08.1999, he had approached the police station in order to record his fard-bayan. At that very time, Officer-in-charge had abused him as well as also threatened to assault and further, chased him away. For which, he had complained before the Deputy Superintendent of Police, Marhaura.

(3.) After registration of the case, investigation commenced and concluded by way of submission of chargesheet against the appellants only while Satya Narayan Singh, Sita Ram Singh and Vakil Singh were not sent up for trial. The learned lower Court took cognizance of an offence, whereupon trial commenced and concluded against the appellants in a manner as indicated above, the subject matter of instant appeal.