RADHEY YADAV Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction dated 16.03.2002 and order of sentence dated 18.03.2002 passed by Presiding Officer, Additional Court (Fast Track), Munger in Sessions Trial No. 256 of 1997 arising out of Sangrampur P.S. Case No. 56 of 1995, whereby the learned trial court convicted the accused persons namely, Radhey Yadav and Sitabi Yadav for the offence punishable under Section 325 of the Indian Penal Code and sentenced them to undergo R.I. for seven years and slapped them with fine of Rs. 2000/- each and in default of payment of fine, to further undergo S.I. for six months.

(3.) Factual matrix of the case is that Sangrampur P.S. Case No. 56 of 1995 was initially instituted under Sections 307 and 323 of the Indian Penal Code and subsequently added with Section 302 of the Indian Penal Code against the accused, namely, Radhey Yadav and Sitabi Yadav on the basis of the fardbeyan of Laxman Yadav, Son of Genhari Yadav, Resident of Village- Bumber, P.S.- Sangrampur, District- Munger recorded by S.I. N. B. Singh of O.P.Tetiya Bumber, District Munger on 20.06.1995 at 07 PM in the house of Dr. Arun Kumar Singh with the allegation in succinct that on 20.06.1995 at around 4 PM, Radhey Yadav was laying tile roof on his house by entering into his courtyard. On forbading him from entering into his courtyard, they entered into altercation. Thereafter, Radhey Yadav and Sitabi Yadav assaulted him by means of lathi inflicting injury on his head, shoulder and left eyebrow. Sustaining injury, he fell down on the ground and was rushed to the doctor by the villagers. His mother Shanti Devi, Ram Dular Yadav and Bhasho Yadav witnessed and intervened the occurrence.