ANIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants Anil Singh and Ram Balak Singh have been found guilty for an offence punishable under Section 324 of the I.P.C. and each one has been sentenced to undergo R.I. for two years vide judgment of conviction and order of sentence dated 12.03.2015 passed by the 1st Additional Sessions Judge, Lakhisarai in Sessions Trial No.749 of 1986.

(2.) Pw-1 Krishna Nandan Singh while was admitted at a clinic of Dr. Vijay Narayan Singh, situated at Nala Road, Patna gave his fard-bayan before the police official of Kadam Kuan P.S. on 29.03.1986 alleging inter alia that while he was sleeping at his house in order to keep watch over his she-buffalo, he awaken on account of having been apprehended and then, found Anil Singh, Krishna Singh and Ram Balak Singh, who were armed with axe, farsa and chhura. He tried to get up, but the accused persons began to assault. Even then, he attempted, but was apprehended by Narayan Singh, Ramashrya Singh, Vilayati Singh and then thereafter, he was brutally assaulted by all of them. The motive for the occurrence has been shown as detention of mare belonging to Narayan Singh by him, though released subsequently.

(3.) After registration of Barahiya P. S. Case No.42 of 1986, investigation was taken up and after concluding the same, chargesheet was submitted against all the accused persons, out of whom, accused Narayan Singh and Vilayati Singh died and so, proceeding against them was dropped. Proceeding against Krishna Singh and Ramashrya Singh were separated, on account of their nonappearance as a result of which, the trial commenced and continued against the appellants only and concluded in a manner, the subject matter of instant appeal.