JAGDISH PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Criminal appeal has been preferred against the judgment and order dated 17.8.1993 passed by Shri Tarkeshwar Prasad Singh, 3rd Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 358 of 1986 whereby he has convicted the present appellant Jagdish Pandey alongwith appellant no. 1 Chandar Pandey @ Ramchandra Pandey, who is now dead under Section 307 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for four years.

(2.) The trial court has also convicted Radhika Devi who was appellant no. 3 under Section 323. of the I.P.C. and had released her under Section 3 of the Probation of Offenders Act on admonition. The said appellant is also dead and thus at present there is only one appellant namely Jagdish Pandey. The prosecution case as disclosed in the Fardbeyan of P.W. 5 Banaras Pandey recorded by S.I. Z.A. Khan of Amnour P.S. on 2.10.1984 at 11.15 hours in brief is that there was a Neem tree by the side of the house of the informant and original appellant no. 1 Chandar Pandey who was his own brother and who is now dead. On the same day at about 10.00 A.M. when the informant was sitting in front of his house at the Sahan this appellant alongwith his father Chandra Pandey came there and told the informant that due to the falling of leaves from his Neem tree standing by the side of his house the drain was filled up and the water was not being drained out. The informant replied that how he could prevent leaves from falling in the drain. This reply caused annoyance to the appellant and he exhorted the other accused persons, whereupon Chandra Pandey who was appellant no. 1 but now dead, assaulted the informant with Farsa causing injuries on his head and another accused namely Radhika Devi who was appellant no. 3 assaulted the informant with wooden log and Jai Kumari Devi (not charge sheeted) assaulted him with axe. It is specifically said that the appellant Jagdish Pandey also assaulted the informant with axe. On hulla the witnesses namely Parichhan Thakur, Abdul Bari and others arrived there and intervened. After the occurrence the informant was taken to Amnour police station where his Fardbeyan was recorded and thereafter he was referred to State Dispensary, Amnour for treatment where he was examined by the doctor for his injuries.

(3.) ON the basis of the above Fardbeyan of the informant Amnour P.S. case no. 85 of 1984, was instituted and the police after completing investigation submitted charge sheet against the appellant and two others on the basis of which cognizance was taken and appellant along with other accused was committed to the Court of Sessions. After commitment charge under Section 307/34 of the I.P.C. was framed against the appellant and coaccused Chandra Pandey and Radhika Devi (who are now dead). The accused persons denied the charges and then they were put on trial and by the impugned order they were convicted as stated above.