RAM KUMARI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Ram Kumari Devi, Pachchu Thakur, Ram Babu Thakur, Bishwanath Thakur, Umesh Thakur and Jagarnath Thakur have been found guilty for an offence punishable under Section 323 of the I.P.C. and each one has been directed to undergo S.I. for six months as well as to pay fine appertaining to Rs. 1,000/-, in default thereof, to undergo S.I. for one month additionally, under Section 324 of the I.P.C. and sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs. 1,000/-, in default thereof, to undergo S.I. for one month, under Section 325/34 of the I.P.C. and each one has been directed to undergo S.I. for three years as well as to pay fine appertaining to Rs. 1,000/- and in default thereof, to undergo S.I. for one month by the Adhoc Additional Sessions Judge-1st, Sitamarhi in Sessions Trial No. 05 of 2009/456 of 2013 vide judgment of conviction and sentence dated 04.12.2014.

(2.) PW-10 Ram Yad Thakur gave his fard-bayan on 107.2008 at about 9.00 p.m. while he was admitted at P.H.C.,Sursand disclosing therein that on the same day at about 5.00 p.m. while he was watching construction of house of his cousin brother Baidehi Sharma lying in front of his house, his neighbour Ram Kumari Devi, Pachchu Thakur began to abuse over which he inquired why they are abusing. Pachchu Thakur disclosed that I am not abusing you rather I am abusing those persons, who come to fetch water from the hand-pump. They further asserted that they will not allow anybody to fetch water from the hand-pipe. He protested and said that as it happens to be a government hand-pipe on account thereof, you could not forbid anybody from fetching water. Furthermore, he had gone to hand-pipe with a bucket over which Ram Babu Thakur, Vishwanath Thakur, Umesh Thakur and Jagarnath Thakur armed with lathi, danda, rod came and began to assault indiscriminately on account of which, he sustained injury over his head from which blood oozen out. During course thereof, Ram Babu Thakur gave iron rod blow over his hand as a result of which, he sustained fracture of his right hand as well as there was abrasion over his fingers. He fell down and then thereafter, all of them assaulted with lathi and danda. His sister Ranju Devi, brother Ram Kumar Thakur, cousin brother Manoj Kumar, parents came in rescue, who were also assaulted by the accused persons with lathi, danda. On hue and cry raised by his sister and brother, Ram Dahin Thakur, Vaidehi Thakur, Binod Kumar, Karpuri Thakur came and saved them. During course thereof, Ram Babu Thakur stealthily taken away a bicycle. Subsequently thereof, they were shifted to hospital. It has further been disclosed that the dispute arose on account of fetching water from a government hand-pipe.

(3.) After registration of Sursand P.S. Case No. 73 of 2008, investigation commenced and concluding the same, charge-sheet was submitted facilitating the trial which ultimately concluded in a manner, the subject matter of instant appeal.