LAWS(PAT)-2017-11-34

BIPIN KUMAR Vs. THE STATE OF BIHAR

Decided On November 02, 2017
BIPIN KUMAR Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellants Bipin Kumar, Lalan Kumar, Parwati Devi have been found guilty for an offence punishable under Section 325/34 IPC and each one has been directed to undergo R.I. for three years, under Section 323/34 IPC and each one has been sentenced to undergo R.I. for six months, 341/34 IPC and each one has been sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 25.05.2015 passed by Third Additional Sessions Judge, Banka in Sessions Trial No. 113/2012.

(2.) PW.6, Sunaina Devi filed written report on 11.03.2011 alleging inter alia that on the same day at about 02:00 PM her son Rahul Kumar, aged about 10 years had gone to ease himself during midst of way Bipin Kumar caught hold him and scolded on the pretext that he has come to uproot the gram plant. He threw him over the ground as a result of which her son began to cry attracting herself who, forbidden Bipin. Over this, Bipin Kumar, Lalan Kumar and Parwati Devi began to abuse and further, inflicted lathi blow over her head with an intention to kill as a result of which she sustained injuries over her head, waist, hand. On hue and cry villagers came whereupon, accused persons fled away.

(3.) On the basis of the aforesaid written report Bounsi P.S. Case No. 23/2011 was registered followed with an investigation, submission of charge sheet paving the way for trial which ultimately concluded in a manner, subject matter of instant appeal.