RAM NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Ram Naresh Singh, Rakesh Singh, Manoj Singh, Nagendra Singh, Akhilesh Singh along with acquitted accused namely Arvind Singh, Bindeshwar Singh and Vidyanand Singh were put on trial, on account of submission of charge-sheet relating to Mahua P.S. Case No. 293 of 2009 leading to Sessions Trial No. 162 of 2012 and after concluding the trial, the appellants named above, have been found guilty for an offence punishable under Section 147 of the I.P.C. and sentenced to undergo S.I. for three months, under Section 447 of the I.P.C. and sentenced to undergo S.I. for three months, under Section 341 of the I.P.C. and sentenced to undergo S.I. for one month, under Section 323/149 of the I.P.C. and sentenced to undergo S.I. for six months with a further direction to run the sentences concurrently by the learned Sessions Judge, Vaishali at Hajipur.

(2.) PW-4 Braj Kishore Singh gave his fard-bayan while he was admitted at P.H.C. Mahua on 14.07.2009 at about 11.30 p.m. alleging inter alia that his village-Baksawa happens to be adjacent to village-Hakimpur where his sasural lies. On the same day at about 9.00 p.m., he received information that his mother-in-law was being assaulted by some persons whereupon, he along with his wife Dharmsheela Devi (PW-1) and son Chandan Kumar (PW-3) rushed. At about 10.00 p.m. when he reached at his sasural, he saw his mother-in-law Shanti Devi was being assaulted by his three Gotia Ram Naresh Singh, Manoj Singh and Nagendra Singh. When he intervened, the accused persons were joined by 10-12 persons, who challenged and attempted to catch. He, in order to save himself as well as his family members gone inside the house, along with his wife and son gone followed by Ram Naresh Singh, Manoj Singh, Nagendra Singh, Akhilesh Singh, Jagdish Singh, Bindeshwar Singh, Arvind Singh, Rakesh Singh, Vidyanand Singh armed with lathi, Saval, Chhura and further, began to assault him as well as his son, mother-in-law as a result of which, his mother-in-law became badly injured, his wife sustained fracture of her left hand, injury over waist, he sustained injury over his head and his son Chandan Kumar also sustained severe injury on account of Saval blow over his head. During course of occurrence, the aforesaid persons were assisted by 10-12 unknown persons, to whom he claimed identification. It has further been disclosed that as no male descendants happens to be, on account thereof, his mother-in-law had executed a deed in favour of his wife appertaining to 1'" Bigha which the accused persons intend to grab and in the aforesaid background, they have assaulted all of them. It has further been disclosed that the accused persons dragged him as well as his son to their Darwaza and locked them in a room. They were also saying that these two be eliminated. The Kathara O.P. was informed and after whose arrival, the accused persons released them. Then thereafter, they were taken to P.H.C. Mahua where they are being treated while his son Chandan Kumar has been referred to P.M.C.H. for specialized treatment. It has also been disclosed that during course of occurrence, the accused persons snatched away chain, ear-ring of his wife, Rs. 10,000/- from him as well as Rs. 25,000/- from the box of his mother-in-law.

(3.) Defence case, as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. Furthermore, it has also been pleaded that on the alleged date and time of occurrence, the prosecution party on being protested by them with regard to execution of a deed in favour of Dharmsheela Devi by Shanti Devi relating to the land belonging to them pounced upon them, brutally assaulted on account of which, Mahua P.S. Case No. 294 of 2009 was registered. Only to safeguard their interest, this case has falsely been instituted. Furthermore, to substantiate the same, one DW has also been examined along with exhibits of the documents viz. Exhibit-A and C, F.I.R. of Mahua P.S. Case No. 294 of 2009, Exhibit-B, certified copy of order dated 10.06.2011 passed by the D.C.L.R. Mahua in connection with Mutation Appeal No. 131 of 2009-10.