LAWS(PAT)-2018-5-26

MANAGER SINGH Vs. STATE OF BIHAR

Decided On May 02, 2018
MANAGER SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) No one appears on behalf of appellant on repeated calls, whereupon, Sri Arun Kumar Tripathi has been requested to assist as an Amicus Curiae.

(2.) Appellants, Manager Singh, Jagdish Singh, Ramswaroop Singh, Gulab Singh have been found guilty for an offence punishable under Section 323 IPC and each one has been sentenced to undergo RI for one year, under Section 341 IPC and each one has been sentenced to undergo SI for one month with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 25.8.2017, by 1st Additional Sessions Judge, Gopalganj in Sessions Trial No. 346/2010.

(3.) Pw-3, Hari Prasad Yadav filed a written report on 27.02009 disclosing therein that they have got possession over Khesra No- 330, Area 4 decimal, Khesra No- 422, Area 2 decimal irrespective of having its nature Gairmajarua Malik. Today i.e., on 27.02009, Manager Singh, Ramswaroop Singh, Jagdish Singh and Gulab Singh attempted to encroach over the same which was resisted, as a result of which, they all began to assault with Lathi and axe. Manager Singh gave axe blow over head of his mother, Lalita Devi causing injury thereupon. Other family members of his house have also been assaulted by the others. Gulab Singh snatched away his wrist watch, mobile as well as Ramswaroop Singh snatched away Mangalsutra from the neck of his wife. On hue and cry, villagers assembled, seeing whom, the accused persons escaped therefrom.