RAMASHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since nobody has appeared on behalf of the appellants and this case appears to be of the year 2003, I deem it appropriate to appoint Mr. Baban Roy as Amicus Curiae to assist the Court.

(2.) Challenge in this appeal is of judgment of conviction and order of sentence dated 19.12002, passed by Shri Anand Prasad Shrivastava, the then Adhoc District & Sessions Judge, Presiding Officer First Additional Fast Track Court, Siwan in Sessions Trial No. 222/83/33/2001, by which appellant Ramashankar Singh @ Tuntun was held guilty under Section 148 and 326 of the Indian Penal Code (hereinafter referred to as the "IPC") and was sentenced to undergo R.I. for two years under Section 148 of the IPC and R.I. for three years under Section 326 of the IPC with a fine of Rs. 2,000/- having default clause. Appellant Hareshwar Singh was held guilty under Section 148 and 324 of the IPC and was sentenced to undergo R.I. for two years under each Section. Appellant Devendra Singh was convicted under Section 147 and 323 of the IPC and was sentenced to undergo R.I. for one year under each Section. By the said Judgment the trial court also convicted one co-accused Nag Narayan Singh, however, he was released on due admonition under the provisions of Section 360 of the IPC and he has not preferred any appeal.

(3.) Prosecution case as per the fardbeyan of informant Ravindra Singh (P.W. 6) in short is that on 17.01.1982 at about 10. A.M., while he was getting the branches of dried tree cut in his orchard field with two laboureres, namely, Bakridan Mian (P.W. 1) and Sahabuddin Mian (P.W. 5) , where his father Sudhist Narain Singh (P.W. 4) was also there, all the appellants and other co-accused came there variously armed and co-accused Sheo Mangal Singh told that after the decree passed in the partition suit you all have become jubilant and gave a bhala blow on the thigh of P.W. 4, appellant Ramashankar Singh @ Tuntun Singh gave a farsa blow on the head of P.W. 4 and all the remaining co-accused and appellant Devendra Singh assaulted P.W. 4 by lathi. Thereafter, P.W. 4 fell down on the ground.