RAM NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision-application is directed against the judgment and order dated 19.4.1988 passed VIth Additional District and Sessions Judge, Bhojpur at Ara, dismissing the Criminal Appeal No. 111 of 1984 and affirming the judgment and order of conviction and sentence passed by IIIrd Assistant Sessions Judge, Ara in Sessions Trial No. 1 of 1981. The petitioner was convicted for the offences punishable under Sections 326 and 379 of the Indian Penal Code (hereinafter referred to as the Code) and was sentenced to five years and three months rigorous imprisonment respectively for the said offences by the Trial Court.

(2.) The petitioner, along with two other co-accused, was tried. The petitioner was tried for the offences punishable under Sections 307, 379 and 148 of the Code. The other two co-accused were found guilty under Section 379 of the Code. The other two co-accused were released after admonition under Section'360 (3) of the Code of Criminal Procedure. The charge under Section 307 of the Code was found not proved against the petitioner, instead he was held guilty for the offence punishable under Sections 326 and 379 of the Code.

(3.) The prosecution case, in brief, was that on 14.4.1980, at about 4.00 P.M. the informant, Ramadhar Singh (P.W.5) was in the process of taking the Arhar crop which he had collected in his Khalihan and at that time the petitioner along with co-accused and two unknown persons came there and took away the Arhar crop forcibly. It was alleged that when informant protested, the petitioner at the exhortion of other coaccused Raja Ram Singh gave a pharsa blow to the informant which caused serious injuries to the informant. On alarm, having been raised, witnesses came there. The informant was taken to the hospital. On his Fardbeyan the first information report was recorded. After investigation police submitted charge sheet.