FULENA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State.

(2.) The present criminal appeal has been preferred by altogether four accused persons for setting aside the impugned judgment dated 18th December, 2003 passed by the learned 1st Additional Fast Track Court, Siwan in Sessions Trial No.274 of 1996/106 of 2002 arising out of Basantpur P.S. Case No.30 of 1995. By the impugned judgment, the learned 1st Additional Fast Track Court, Siwan (hereinafter referred to as the 'trial court') has held the accused Fulena Rai (appellant no.1) guilty for the offence under Section 307 of the Indian Penal Code and sentenced him to undergo Patna High Court CR. APP (SJ) No.17 of 2004 dt.09-03-2018 rigorous imprisonment of five years and Rs.1000/- as fine and in case of non-payment of fine six months additional rigorous imprisonment. Accused Raj Kumar Rai, Babulal Rai and Ram Lal Rai (appellant nos.2, 3 and 4 respectively) have been convicted under Section 323 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment of one year. All the accused persons have been acquitted of the charge under Section 427 of the Indian Penal Code.

(3.) The prosecution case is based on the fardbeyan of the informant Sudarshan Rai (PW-2) who alleged that on 21.11.1995 at about 10.00 A.M. when he went on the place of occurrence to stop his co-sharers from ploughing the plot in which he had been farming potato, the accused persons namely, Raj Kumar Rai, Fulena Rai, Ram Lal Rai and Babulal Rai lashed with lathi and danda came there and accused Fulena Rai (appellant no.1) gave a lathi blow on the head and back of the informant with an intention to kill him. It is alleged that the assault given by Fulena Rai had caused serious injury to the informant. It is further alleged that the other accused also assaulted the informant by lathi. The fardbeyan of the informant (Ext.5) was recorded by then Sub-Inspector Sri R.B. Singh of Basantpur police station and a formal FIR (Ext.4) was registered giving rise to Basantpur P.S. Case No.30 of 1995. The place of occurrence is said to be the disputed plot in front of the house of Sadarshan Rai (the Patna High Court CR. APP (SJ) No.17 of 2004 dt.09-03-2018 informant).