BINOD MANDAL Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Binod Mandal has been found guilty for an offence punishable under Section 307 of the IPC and sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs. 1000/- and in default thereof to undergo S.I. for one month additionally, under Section 341 IPC and sentenced to undergo S.I. for one month, under Section 504 of the IPC and sentence to undergo S.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction dated 08.09.2015 and order of sentence dated 09.09.2015 passed by Sessions Judge, Jamui in Sessions Trial No.292/2008.

(2.) Brahamdeo Yadav (PW.2) filed written report on 19-07- 2005 disclosing therein that yesterday i.e. on 19-07-2005 at about 07:00 PM his calf has damaged maize crop of Basant Mandal whereupon, his son Binod Mandal came scolded, abused which was protested whereupon, Binod Mandal gave lathi blow over his head with an intention to kill as a result of which, he sustained injury. In order to save himself, he raised alarm whereupon his wife Kiran Devi (PW.3) came and fallen over his body in order to save him who was assaulted by Bahadur Mandal, Bilash Mandal, Karu Mandal, Basant Mandal with lathi. They have also assaulted him. On account of assault his wife has also sustained injury over her head. On hue and cry, villagers came and rescued them.

(3.) After registration of Laxmipur P.S. Case No.79/2005, investigation commenced and concluded by way of submission of charge sheet facilitating the trial, subject matter of instant appeal.