SUNIL SINGH @ SUNIL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Appeal (S.J.) No.359 of 2015 wherein Sunil Singh @ Sunil Kumar and Hari Narayan Singh are the appellants, Cr. Appeal (S.J.) No.371 of 2015 wherein Lal Babu Singh, Pano Devi, Lalita Devi and Satish Kumar are the appellants and Cr. Appeal (S.J.) No.446 of 2015 wherein Fulan Devi and Anil Kumar Singh are the appellants have been heard analogously and are being decided by a common judgment on account of being originated from the common judgment of conviction and order of sentence dated 02.06.2015 passed by the Additional Sessions Judge, 3rd, Vaishali at Hajipur in Sessions Trial No.291 of 2014 whereby and whereunder all the appellants have been found guilty for an offence punishable under Section 148 I.P.C. and each one has been directed to undergo S.I for 2 years and 6 months, while appellants Satish Kumar @ Santosh Kumar, Lal Babu Singh, Hari Narayan Singh, Sunil Singh, Anil Kumar Singh have been found guilty for an offence punishable under Section 324/149 I.P.C. and each one has been sentenced to undergo R.I for 2 years and 6 months, appellants Satish Kumar @ Santosh Kumar and Anil Singh have been found guilty under Section 354 of the IPC and sentenced to undergo R.I for one year, under Section 323 IPC, appellants Phulan Devi, Pano Devi and Lalita Devi have been found guilty and sentenced to undergo R.I. for six months with a further direction to run the sentences concurrently, with a further direction that the period having undergone during course of trial be set off in accordance with Section 428 of the Cr.P.C.

(2.) So far Cr. Appeal (S.J.) No.359 of 2015 as well as Cr. Appeal (S.J.) No.446 of 15 are concerned, Sri Ashok Kumar Jha, learned counsel represented the same while none appeared relating to Cr. Appeal (S.J.) No. 371 of 2015, whereupon Sri Navin Kumar has been requested to assist the court as an Amicus Curiae.

(3.) Pw-4, Yaduni @ Yadunandan Singh while was admitted at Sadar Hospital, Hajipur gave his fared-beyan on 06.6.2012 at about 11.45 A.M disclosing therein that on 29.05.2012 at about 6.30 A.M while he was gossiping along with his family members near his house, all of a sudden, Lal Babu Singh armed with Garasa, Satish Kumar @ Santosh Kumar armed with rod, Hari Narayan Singh armed with farsa, Sunil Singh armed with sickle, Anil Kumar Singh, Fulan Devi, Pano Devi, Lalita Devi, Harihar Singh and Hem Shankar armed with lathi, danda and phatti came at his Darwaza and began to abuse. Harihar Singh provoked to others to assault by way of saying that he has indulged in cutting of the Neem tree. Lal Babu Singh gave Garasa blow over his head while Hari Narayan Singh gave farsa blow over his head causing injuries thereupon. There was profuse bleeding from the injury. At that very moment, Satish Kumar @ Santosh Kumar assaulted with rod while Sunil Singh with sickle as a result of which, he sustained injury over his right hand near his elbow. On hue and cry, his daughter-in-law Rupa Devi (PW-5) came out from the house in order to rescue, who was also assaulted by others with lathi, danda and phatta while Santosh Kumar caught hold her hand and Anil Kumar Singh torn her blouse. People of the surroundings intervened, whereupon accused persons left the scene. Then, they have been taken to Sadar hospital, Hajipur for treatment. Motive for the occurrence has been shown on account of cutting of Neem tree by him, which belongs to him.