SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellants failed to appear on account thereof, Sri Arun Kumar Tripathi, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellants, Shankar Singh and Lalan Singh have been found guilty for an offence punishable under Section 307/34 of the IPC and each one has been sentenced to undergo R.I. for seven years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo R.I. for one year additionally, under Section 323 of the IPC and each one has been sentenced to undergo R.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction dated 19.03.2009 and order of sentence dated 21.03.2009 passed by Additional Sessions Judge, FTC-V, Lakhisarai in Sessions Trial No.14/1997.

(3.) On 07-07-1995, Naresh Singh (PW.4) gave his fardbeyan in an injured condition while was admitted at Sadar Hospital alleging inter-alia that on the same day at about 05:00 AM while he has gone towards 'Chaukunha Bandh' to meet nature's call, he has seen Yugal singh, Lalan Singh, Shankar Singh engaged in dismantling the ridge by spade as well as Khanti whereupon, he has gone there and resisted their activity. Yugal Singh and Lalan Singh began to assault him with Khanti while Shankar Singh assaulted him with spade causing severe injury upon his person. Kamleshwari Singh, Rameshwari Singh, Ramanugrah Singh and others came on an alarm seeing whom, accused persons escaped therefrom. Seeing the blood, he became unconscious. He regained sense at Lakhisarai Hospital after having been treated.