BAIJNATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants, Baijnath Rai, Adya Rai, Raji Rai have been found guilty for an offence punishable under Section 342 IPC and sentenced to undergo R.I. three months, under Section 307/34 IPC and sentenced to undergo R.I. for seven years as well as to pay fine appertaining to rupees two thousand and in default thereof to undergo R.I. for two months additionally, with a further direction to run the sentences concurrently by the Additional Sessions Judge, IIIrd, Gopalganj vide judgment of conviction dated 29.06.2015 and order of sentenced dated 30.06.2015 passed in connection with Sessions Trial No.305 of 2009/241 of 2014.

(2.) Upendra Rai, PW. 2 gave his fardbeyan on 07.11.2006 at about 4.30 PM while he was admitted at Primary Health Center, Kuchaikot in an injured condition disclosing therein that on the same date at about 8 AM while he had gone to see his field, he saw his co-villager Baijnath Rai, Raji Rai, Adya Rai S/o Late Mahatam Rai, were engaged in ploughing his field after dismantling the ridge whereupon, he objected. Baijnath Rai began to abuse and further threatened him to leave the place as, he was ploughing his own field. Then thereafter, all of them chased him armed with Lathi, Danda over which, he escaped therefrom. During the course thereof, Baijnath Rai instructed him to stop otherwise he will be killed. Out of fear, he stopped. Then thereafter Raji Rai and Adya Rai caught, threw him on ground and then Raji Rai encircled his neck with string and began to press as a result of which, he became senseless. On the other hand, Baijnath Rai, Adya Rai both assaulted him with Lathi and Danda as a result of which, he became severely injured. Anyhow, he saved himself and raised alarm attracting the villagers were upon, all the three fled away and during course thereof, Baijnath Rai snatch away his wrist watch. Then thereafter, his family members lifted him to hospital where he was being treated.

(3.) On the basis of the fardbayan, Bishambharpur P.S Case No. 51/2006 was registered followed with an investigation as well as submission of charge sheet facilitating the trial meeting with the ultimate result, subject matter of instant appeal.