RAM BAHADUR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANTS Nos. 2 to 4, namely, Ram Swarath Yadav, Karam Chand yadav and Ram Chandra Yadav were found guilty under S. 323 of the Indian Penal Code and were convicted thereunder but instead of substantive sentence, they have been released on probation bonds of Rs. 1000/-with one surety for a period of one year to maintain peace and be of good behaviour to the effect that during the aforesaid period whenever called upon they will appear in court and receive the sentence and appellant no. 1-Ram Bahadur Yadav was found guilty under Ss. 325 and 323 of the Indian penal Code and was convicted thereunder and was sentenced to undergo rigorous imprisonment for three years and six months respectively by judgment dated 7-6-1993 passed by Sri V. K. Sharma, 2nd Additional sessions Judge, Saharsa in Sessions Trial no. 8/35 of 1987/88. Both the sentences were ordered to run concurrently.

(2.) THE prosecution case is based on fardbeyan (Ext. 1) which was recorded on 4-12-1985 by Sri Suresh Prasad, Officer -in-Charge of Bagaon Police Station (P. W. 7)in Bariyahi (Bangaon) Hospital on the statement of mahtab Tanti (P. W. 6 ). According to fardbeyan, the informant had a piece of ancestral land measuring about 13 kathas 15 dhurs bearing cadastral survey plot No. 637 appertaining to Khata No. 43 of village Balha, rahika Badh. On 4-12-1985 at about 8. 00 a. m. the informant had his two sons fuleshwar Tanti (P. W. 3) and Suresh Tanti (P. W. 4) and wife Kusma Devi (P. W. 5) went to that field for sowing wheat crops. While the informant was ploughing field and his two sons were dropping the wheat seeds, all the accused persons armed with lathi reached there and asked the informant as to why he is ploughing the field and when it was replied by the informant that it was his ancestral land, accused-Ram Chandra yadav exhorted others to assault. Thereafter accused-Ram chandra Yadav assaulted on the right hand and back of the informant and other accused assaulted Fuleshwar tanti by lathi and Suresh Tanti sustained injury at his hands at the instance of accused-Ram Bahadur Yadav. Thereafter, accused-Ram Bahadur Yadav assaulted the informant's wife Kusma Devi with lathi and also snatched her silver hasuli from her neck. On hearing hulla, the villagers namely, nirdhan Tanti, Swarup Tanti, Dukha Tanti, chhotelala Mishra arrived and thereafter accused persons escaped. The motive of the occurrence was that the informant had an altercation with the accused persons during the last assembly election, on the basis of said fardbeyan, Saharsa (Bangaon) P. S. Case No. 363 of 1985 was registered under ss. 341, 323 and 379/34 of the Indian Penal Code. The formal F. I. R. (Ext. 2) was drawn. Subsequently, Ss. 325 and 307 of the Indian Penal Code were added in the first Information Report on the prayer of the investigation Officer. The injured were sent for treatment and their injury reports were brought on the record which have been marked Exts. 3 to 3/3. The matter was investigated into and after completion of investigation, charge-sheet was submitted. The cognizance was taken and the case was committed to the Court of Sessions. The trial proceeded. Charges under Ss. 307, 325 and 379 of the Indian Penal Code was framed against accused-Ram Bahadur Yadav and charge under S. 323 of the Indian Penal Code was framed against all the four accused persons. Charges were explained to the accused persons who pleaded innocence and preferred to face the trial.

(3.) THE defence of the accused persons was that there was dispute between the co-sharers of the informant regarding the share in the ancestral land and they have been falsely implicated due to previous enmity. The defence has also examined three witnesses and produced some document to show that land in question was purchased from Bahadur, Jagdish and others by them and they are continuing in peaceful possession of the said land since the date of purchase i. e. from November, 1985.