LILA YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31-07-2003, passed by Sri Prakash Chandra Jaiswal, the then 5th Additional Sessions Judge, Gaya, in Sessions Trial No. 41/97, 475/94(SJ), by which the appellants, above named, Lal Babu Chowdhary @ Lal Babu Sahni stood convicted under Sections 324/34 and 341 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for two years under Section 324/34 of the IPC and S.I. for one month for the offence punishable under Section 341 of the IPC. Appellants Surendra Yadav and Satish Yadav were further convicted under Section 323 of the IPC and were sentenced to undergo R.I. for six months.

(2.) Earlier a report, vide order dated 07.03.2018 was called for from the S.S.P. Gaya with regard to with regard death/alive status of all the appellants. The report has been received, from which, it appears that appellant no. 1, namely, Lila Yadav had died during pendency of the appeal. As such, this appeal with regard to appellant no. 1, Lila Yadav stands abated.

(3.) Prosecution case as per the statement of informant Nago Yadav in short is that on 208.93 at around 11-12 O' Clock, informant went to plough his share of land. As soon as, tried to plough the land, Lila Yadav, step brother of the informant came at the ridge of the field armed with khanti and informant kept ploughing the land. In the meantime, sons of Leela Yadav, namely, Satish Yadav and Surendra Yadav armed with lathi came at the field along with their mother. Lila Yadav instigated to assault the informant, on which, appellant Satish Yadav assaulted on the right thigh of the informant by means of lathi and appellant Surendra Yadav assaulted him on the left thigh by means of lathi. Lila Yadav assaulted the informant on his head by means of khanti. After receiving the injuries, informant fell down on the ground and, thereafter, appellant Ratani Devi assaulted him by means of brick bats. Seeing the occurrence, the son and brother of informant rushed to save him, thereafter accused persons fled away. By that time several villagers also assembled at the place of occurrence and witnessed the occurrence.