GAGAN DEO TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Amicus Curiae for the appellants & learned A.P.P. for the State on this criminal appeal and perused the record.

(2.) This criminal appeal has been filed against the judgment and order of conviction and sentence dated 17.07.2002 passed by the Additional District and Sessions Judge-cum-Fast Track Court No. 3, East Champaran at Motihari in Sessions Trial No. 85/97, arising out of Paharpur P.S. Case No. 17/85, whereby the learned trial Court acquitted the accused Mukundi Sah and Nabi Mian and convicted the accused Gagandeo Tiwary and Mohan Tiwary for the offence punishable under Section 379 and 323 of the Indian Penal Code and slapped them with fine of Rs. 9000/- and Rs. 1000/- each for the aforesaid Sections respectively and in default of payment of fine to undergo R.I. for one year and no substantive punishment was awarded to the appellants.

(3.) The factual matrix of the case is that Paharpur P.S. Case No. 17/85 was instituted under Section 395 of the Indian Penal Code against the accused persons, namely, Gagandeo Tiwary, Mohan Tiwary, Mukundi Sah and Nabi Mian and others on the basis of fardbeyan of Raghunath Ram son of Bhola Ram, resident of village Sariya Kanu Tola, P.S. Paharpur, District East Champaran, recorded by S.I. Surendra Prasad at Sadar Hospital, Paharpur on 25.02.1985 at 7 AM, with the allegation in succinct that informant Raghunath Ram inhabitate in his in-laws house along with his family members. In the past midnight, while he was sleeping in his house he woke up sustaining lathi blow and witnessed that Gagandeo Tiwari, Mohan Tiwary, Mukundi Sah and Nabi Mian along with 10 to 11 unknown accused persons intruded in his room. They took him out of the room. On the order of Gagandeo Tiwary, Mohan Tiwary, Mukundi Sah and Nabi Mian assaulted him by bamboo stick while other accused persons took out his she goat, dish (chhipa) and Lota from his house. Nabi Miyan shoved his mother-in-law. They also assaulted womenfolk of his house. The further allegation is that there is land dispute with Gagandeo Tiwary for around 15 years. Due to the aforesaid dispute, Gagandeo Tiwary along with his men intruded in his house and assaulted him and his family members and looted away his articles worth Rs. 400/-.