SUNDER SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on this appeal and perused the record.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 19.06.2002 and order of sentence dated 20.06.2002 passed by 6th Additional Sessions Judge, Aurangabad in Sessions Trial No. 86 of 1990/229 of 2001 arising out of Simra P.S. Case No. 30 of 1988, whereby the learned trial court convicted the accused namely, Sunder Singh, Rajendra Singh, Satendra Singh and Gopal Singh for the offence punishable under Sections 323, 447 and 307/34 of the Indian Penal Code and sentenced them to undergo R.I. for one year each for the offence punishable under Sections 323 and 447 of the Indian Penal Code and further sentenced them to undergo R.I. for seven years for the offence punishable under Section 307/34 of the Indian penal Code. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Simra P.S. Case No. 30 of 1988 was instituted initially under Sections 447, 323 and 324 of the Indian Penal Code and subsequently added with Section 307 of the Indian Penal Code against the accused persons, namely, Sunder Singh, Rajendra Singh, Satendra Singh and Gopal Singh on the basis of the fardbeyan of the informant Parasnath Singh, Son of Late Rajdeo Singh, Resident of Village-Hathail Parsawan, P.S.-Simra, District-Aurangabad recorded by S.I. M. H. Khan of O.P. Amba, District Aurangabad on 30.07.1988 at 05:30 PM in the clinic of Dr. Tripathi with the allegation in succinct that on 30.07.1988 at 12 O'clock, the informant was sitting on his door after ploughing his field and tying his ox on his door. In the mean time, Sunder Singh, Rajendra Singh, Gopal Singh and Satendra Singh armed with bhala and lathi arrived there and made complain about leaving his ox on his Nad by him, on which he assured them to tie his ox on his door, in the meantime, Sunder Singh gave bhala blow below his left eye. Sustaining injury, he fell senseless on the ground and he could not witness as who assaulted him by means of lathi. On halla, his brother Awadh Singh, Sheopujan Singh and others rushed there and then the accused persons left the scene. Thereafter, Awadh Singh, Sheopujan Singh, Harihar Singh and Ambika Singh rushed him to Amba Hospital where he is undergoing treatment.