BHIVISHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Challenge in this appeal is of judgment of conviction and order of sentence dated 21.02.2003, passed by Shri Amlendu Kumar Sinha, the then Additional Sessions Judge cum P.O, F.T.C. IVth, Ara, Bhojpur, in Sessions Trial No. 41/91, by which the appellants stood convicted under Sections 324/149 of the Indian Penal Code (hereinafter referred to as the "IPC") and appellants Bhivishan Singh, Kaviraj Singh, Dharmraj Singh and Jagarnath Singh were sentenced to undergo R.I. for two years, whereas appellants Raj Kumari @ Raj Kumari Devi and Sukuna Kuer were released on probation for a period of one year on furnishing bond of Rs. 2,000/-.

(2.) Prosecution case as per the written report of Informant Sheo Pujan Singh, in short is that on the alleged date of occurrence, in the morning, he saw his potato field was filled with water and came back at his darwaza and started abusing the persons responsible for the said act, on which appellant Kaviraj Singh armed with fasuli along with other appellants came there and they all surrounded him and appellant Kaviraj Singh assaulted him with fasuli causing injuries to informant on his right shoulder, elbow of left hand and finger of left hand. In the meantime, his son Jai Bhagwan Singh and son in law were returning after attending the call of nature and saw the occurrence and when they came for the rescue of informant, appellant Kaviraj Singh attacked his son Jai Bhagwan Singh, causing injury on his left elbow and palm and when his wife Ashapati came to intervene she was also assaulted by the appellants by brick bats. On the basis of the above written statement, Piro P.S. Case No. 189/88 was registered against the appellants.

(3.) Police after investigation submitted charge-sheet against the appellants. Cognizance of the offence was taken and the case was committed to the court of Sessions, which ultimately came to the file of Amlendu Kumar Sinha, Additional Sessions Judge cum P.O, F.T.C. IVth, Ara, Bhojpur for trial and disposal. During trial charges were framed against the appellants under Sections 307/149 and 337 against the appellants.