SHAMBHU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

(2.) This appeal has been preferred against the judgment and order of conviction dated 19.12012 and order of sentence dated 20.12012 passed by learned Adhoc Additional Sessions Judge-III, Siwan in Sessions Trial no. 520 of 2010 arising out of Mairwa P.S. Case No. 63 of 2010 whereby the learned trial court acquitted Katal Sah @ Katwaru Sah from all the charges levelled against him and convicted the accused persons namely, Shambhu Sah for the offence punishable under Section 323 of the Indian Penal Code and sentenced him to undergo R.I. for three months for the said offence and Prabhu Sah for the offence punishable under Sections 323 and 325 of the Indian Penal Code and sentenced him to undergo R.I. for three months under Section 323 IPC and RI for four years and also slapped him with a fine of Rs. 5000/- and in default of payment of fine to further undergo R.I. for two months under Section 325 I.P.C. Both the aforesaid sentences of convict Prabhu Sah were directed to run concurrently.

(3.) The factual matrix of the case is that Mairwa P.S. Case No. 63 of 2010 was instituted under Sections 341, 323, 324, 307, 379, 325/34 of the Indian Penal Code against accused Katal Sah, Shambhu Sah and Prabhu Sah on the basis of fardbeyan of Kunti Devi W/o Yogendra Sah recorded by A.S.I. Anil Kumar of P.S. Mairwa on 02.05.2010 at 07:00 hrs. at referral Hospital, Mairwa with the allegation, in succinct that on 01.05.2010 at around 07:00 PM, while the informant was sitting at her house, her father-in-law, namely, Katal Sah arrived there and asked her to vacate the house uttering about execution of sale deed of the aforesaid house in favour of his two sons, namely, Shambhu and Prabhu. On protest made by the informant, the accused persons rapped expletives. Shambhu Sah took out taangi while Katal Sah and Prabhu Sah lathi from their house and Shambhu Sah gave taangi blow on the left side of her forehead, sustaining injury she fell down on the ground. Then, all the accused persons assaulted her husband, namely, Yogendra Sah inflicting fracture injury on his left hand and injury on his right head and below the right cheek. In the meantime, villagers congregated there and rushed them to the government hospital, where the informant and her husband are undergoing treatment. Aforesaid accused persons also took away Rs. 10,000/- from her house.