SUNIL @ SUNIL KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appears on behalf of appellant on repeated calls, on account thereof, Sri Arun Kumar Tripathi, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Appellant Sunil @ Sunil Kumar Jha has been found guilty for an offence punishable under Sec. 324 of the I.P.C. and sentenced to undergo R.I. for one year, under Sec. 323/ 34 of the I.P.C. and sentenced to undergo S.I. for three months with a further direction to run the sentences concurrently with a further direction to the effect that the period already undergone during course of trial will be set off vide judgment of conviction and order of sentence dtd. 11/12/2008 passed by the Additional Sessions Judge, Fast Track Court No.5th, Vaishali at Hajipur in Sessions Trial No.83 of 2000.

(3.) Vinay Kumar Thakur (PW-3) while was admitted at P.H.C. Mahua gave his fard-bayan on 9/4/1991 at about 7.10 P.M. alleging inter alia that on the same day at about 8.00 A.M. while he came near Bhuskar of Arjun Jha met with Jagarnath Singh and Daya Nand Singh, who inquired how his uncle has died over which, he complained that his uncle Arjun Jha has not come to see even having all the lands taken on mortgage. On this, Arjun Jha ordered his son Sunil Jha to assault, whereupon Arjun Jha caught hold him and Sunil Jha gave Hasuli blow, which he tried to ward off and during course thereof, he sustained injury over his head with the anterior portion of the Hasuli as a result of which, there was cut, blood oozen out. Wife of Arjun Jha namely Mithila Devi assaulted him with fists and slaps. It has also been disclosed that the accused persons have forcibly grabbed his land.