RIKESH KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction dated 06.03.2013 and order of sentence dated 12.03.2013 passed by learned Adhoc Addl. Sessions Judge-IV, Katihar in Sessions Trial no. 265 of 2005 arising out of Katihar P.S. Case No. 284 of 2003 whereby the learned trial court convicted the accused Ramawtar Yadav and Rikesh Kumar Yadav for the offence punishable under Section 323 of the Indian Penal Code and accused Nilesh Yadav for the offence punishable under Sections 323 and 307 of the Indian Penal Code and sentenced them to undergo S.I. for six months each under Section 323 of the Indian Penal Code and further sentenced accused Nilesh Yadav to undergo R.I. for five years and also slapped him with a fine of Rs. 10,000/- and in default of payment of fine to further undergo R.I. for one year under Section 307 of the Indian Penal Code.

(3.) The factual matrix of the case is that Katihar P.S. Case No. 284 of 2003 was instituted under Sections 147, 148, 149, 323, 324, 307, 436 of the Indian Penal Code against accused Ramawtar Yadav, Nilesh Yadav, Kumar Rikesh, Pikesh and Sushila Devi on the basis of fardbeyan of Sanjit Kumar Yadav S/o Late Ram Kishun Yadav recorded by A.S.I. A.K. Ghosh on 13.06.2003 at 13:05 hours in the emergency ward at Bed no. 6 at K.M.C.H., Katihar with the allegation, in succinct that on 13.06.2003 at around 08:30-08:45 AM, he got information at Sahid Chowk, Katihar about brawl in his house. On the said information, he immediately rushed to his house and found that Ramawtar Yadav assaulted his brother Bhopal Yadav by means of bamboo and he was writhing in pain, then he reached out to Ramawtar Yadav to know the reason of assaulting his brother by him, whereupon Ramawtar Yadav, Nilesh Yadav, Kumar Rikesh, Pikesh and Sushila Devi assaulted him and his brother-in-law Joshi George by means of khanti and bamboo. Nilesh Yadav assaulted on the left side and on the left front of the head of Joshi George by means of khanti and made him seriously injured. Sustaining injuries, he fell senseless. Nilesh Yadav also made him injured by assaulting on below his right knee and left the scene extending threatening of their eviction from the village. The aforesaid occurrence took place due to torching his house at 07:00 AM and on quizzing by his brother about reason of torching the house, assaulting him by the aforesaid accused persons. The bone of contention is said to be that Ramawtar Yadav has got executed land illegally in favour of his wife, namely, Sushila Devi which is in his possession for 25-26 years and want to evict the informant and his family from the aforesaid property. During the course of occurrence, accused Ramawtar Yadav also sustained injury by khanti blow given by his son. Tuntun Yadav and others witnessed the occurrence.