TARNI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 323 of the Indian Penal Code and sentenced to six months rigorous imprisonment. The appellant was put on trial along with 7 olhers for various charges under Sections 147, 323 and 307 of the Indian Penal Code. All the 8 accused persons including the appellant were put on trial before the Addl. Sessions Judge and the case was not found proved against 7 of the co-accused and they were acquitted of all the charges. Also the appellant was acquitted for the charge under Sections 307 and 147 of the Indian Penal Code but he was convicted only under Section 323 of the Indian Penal Code.

(2.) It was alleged by the prosecution that while the informant (P. W. 8) had gone to purchase cloths in the market he was assaulted by the appellant and others by lathi.

(3.) In defence the appellant pleaded false implications on account of some enmity and group politics of the village. It was suggested to the witnesses on behalf of the appellant that on account of election of village Mukhia the informant was carrying grudge against him because he had supported of the succeeding Mukhia.