RAMCHANDRA YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this Criminal Appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 23.01.2013 passed by learned Adhoc A.D.J. III, Gaya in Sessions Trial no. 173 of 2009 arising out of Tekari P.S. Case No. 104 of 2008 whereby the learned trial court convicted the accused Ramchander Yadav, Binod Yadav, Pramod Yadav, Mahendra Yadav and Upendra Yadav for the offence punishable under Sections 341 and 323 of the Indian Penal Code and sentenced them to undergo S.I. for nine months each under Section 323 of I.P.C., and S.I. for one month each under Section 341 of the Indian Penal Code. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Tekari P.S. Case No. 104 of 2008 was instituted under Sections 341, 342, 323, 325 and 307/34 of the Indian Penal Code against accused Upendra Yadav, Ramchandra Yadav, Mahendra Yadav, Binod Yadav, and Pramod Yadav on the basis of written report of Sanjay Kumar Yadav S/o Harihar Yadav with the allegation, in succinct that on 29.07.2008 at around 01:00 PM, while the informant was ploughing his field and his father was making ridge on the field, in the meantime, Upendra Yadav, Ramchandra Yadav, Mahendra Yadav, Binod Yadav and Pramod Yadav armed with lathi, spade and garasa descended at his field and asked them to stop the work. On making protest by him, the aforesaid accused persons started assaulting him and his father indiscriminately by means of lathi and garasa and also extended threatening of dire consequences to him and his family. He tried to escape, but they assaulted him surrounding. The villagers present there intervened the occurrence.