SHYAMJIT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since nobody has appeared on behalf of the appellants and this case appears to be of the year 2003, I deem it appropriate to appoint Mr. Ranbir Singh as Amicus Curiae to assist the Court.

(2.) By way of the present appeal, appellants seek to challenge the judgment of conviction and order of sentence dated 31.01.2003, passed by Shri Amaresh Kumar Lal, the then 6th Addl. Sessions Judge, Chapra in Sessions Trial No. 994 of 1994, by which the appellants, above named, stood convicted under Section 323/149 of the Indian Penal Code (in short the "IPC") and was sentenced to undergo imprisonment for four months with a fine of Rs. 5,00/- each with default clause.

(3.) Prosecution case as narrated by informant Rajendra Rai (P.W. 2) in short is that there was a vacant land behind darwaza of his house, for which a proceeding under Section 145 Cr.P.C was pending in the court of Executive Magistrate. It is alleged that on 21.11.1991 at about 6. A.M., appellants were collecting hay on that land, which was resisted by father of informant, Benilal Rai (P.W. 3), upon which all the accused person, who were variously armed, inflicted farsa and lathi blow on him and when mother of informant and his aunt came to save him, they were also assaulted by the accused persons, thereafter, villager assembled and the injured were taken to the hospital. On the basis of the said fardbeyan Parsa P.S. Case No. 81 of 1991 was registered against the appellants.