MAUAJEE LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the appellants have been convicted under Sections 326/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for four years vide judgment and order dated 17.2.2003 passed by Sri Shyam Nandan Prasad Verma, Ad hoc District and Sessions Judge, F.T.C. No. 1, Saran, Chapra in Sessions Trial No. 148 of 1994.

(2.) Prosecution case as per the fardbeyan of Mahesh Singh (PW 6) recorded by S.I. of Dariyarpur P.S. on 18.11.1987 at 11.30 hours at Dariyapur Primary Health Centre, in short, is that on 18.11.1987 at 8.30 A.M. his brother Rajeshwar Singh (PW 5) went to plough the land north to his house purchased from Ram Badan Singh, son of Baidyanath Singh of the same village prior to 2-3 months of the occurrence. Further prosecution case is that the moment ploughing started, all of a sudden accused Mauzi Lal Singh armed with farsa, accused Ravindra Singh armed with farsa and accused Shyamdeo Singh armed with bhala came at the place of occurrence and asked to stop ploughing and informant told them that he had got executed the sale deed of the said land and so why they were objecting to ploughing, whereupon accused Ravindra Singh assaulted the informant by farsa on his head causing bleeding injury. In the meantime, when his brother Kamleshwar Singh intervened in the assault, accused Mauzi Lal Singh assaulted by farsa on his head and accused Shyamdeo Singh assaulted by lathi portion of bhala on his back and panjra and his brother fell down. Further prosecution case is that thereafter accused Braj Kishore Singh armed with lathi, accused Lal Babu Singh armed with sword, accused Arun Singh and accused Krishna Singh both armed with lathi came there and started assaulting with their weapons causing injuries to him and his brother. On alarm raised by them, villagers came there and accused persons fled away and the informant and his brother were brought to Dariyapur hospital for their treatment.

(3.) On the basis of aforesaid fardbeyan, Dariyapur P.S.Case No. 190 of 1987 was registered against the appellants and other accused persons. Post investigation charge sheet has been submitted under Sections 307/149 IPC and after cognizance for the offence the case has been committed to the court of sessions, which ultimately came to the file of learned trial judge for trial and disposal.