AKHILESH YADAV AND ANOTHER Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by above two appellants against the judgment dated 5.5.1993 passed by 8th Additional Sessions Judge, Purnia in Sessions Trial No. 283 of 1990 whereby appellant No. 1 Akhilesh Yadav has been convicted under section 326 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for three years while appellant No. 2 Binod Kumar Yadav was convicted under section 323 of the Indian Penal Code but was released on admonition.

(2.) The fardbeyan of Krishnadeo Maharana (P.W. 3) is the basis of the prosecution case. According to informant P.W. 3 on 22.8.1989 at 1.00 p.m. these appellants along with others namely, Chhitan Yadav, Sukhdeo, Anil Prasad Yadav, Sunil Kumar Yadav and Sinod Kumar Yadav encircled the informant while he was returning from his field and at the behest of accused Chhitan Yadav, Akhilesh Yadav who was having garasa assaulted him whereas other accused persons also assaulted by means of lathi. The assault caused by Akhilesh Yadav caused injury on the head. The assault of other accused persons also caused injuries. On hulla, the witnesses came. The injured after receiving injuries became unconscious. The injured was brought to Sadar Hospital for treatment where his fardbeyan was recorded by the police. The case was registered and matter was investigated into and after completion of investigation, charge-sheet was submitted. Thereafter cognizance was taken and the case was committed to the Court of Sessions. The trial proceeded. Charge under sections 307/149 and 147 of the Indian Penal Code was framed against the five accused persons and charge under sections 307 and 148 of the Indian Penal Code was framed against accused Akhilesh Yadav. The charges were framed to the accused persons who pleaded innocence and preferred to face the trial.

(3.) Altogether 6 accused persons faced the trial but four accused persons have been acquitted and these two appellants have been convicted and sentenced, as stated above.