HARI SINGH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellants as well as the State.

(2.) The appellants, namely, Hari Singh and Tulu Singh have been convicted under Sections 147, 323 and 427 of the Indian Penal Code by judgment and order dated 16.01.2009 passed by the learned Additional Sessions Judge, Fast Track Court IVth, Sheikhpura in S. Tr. No. 548/2001, arising out of Sheikhpura (Korma) P.S. Case No. 35/2001 and they have been sentenced to undergo R.I. for six months each for all the offences.

(3.) In the written report, it is alleged that in the night of 10.02.2001 at about 9:00 P.M. the informant along with his son Dukhi Kewat went to see their field in which Khesadi and Masoor crops were standing. As soon as they reached at their field they saw his villagers Shiva Ram Singh, Pintu Kumar, sons of Mundrika Singh, Hari Kumar, the younger son of Kedar Singh and three unknown persons uprooting his Khesari crop standing in his field. He could not identify the unknown persons in the light of moon. It is further alleged that those persons who were uprooting his crop fled away from the land on seeing him and his son. It is further alleged that the informant and his son returned from the field at about 11:00 P.M. and when they reached near the Middle School in village Gagaur, accused persons came out from a community hall and started assaulting them. The accused persons badly assaulted his son Dukhi Kewat on head and whole body. The doctor referred his son to P.M.C.H. for treatment in unconscious stage.