BHUWAR YADAV AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant no. 1, stood convicted under Section 324 and 148 of the Indian Penal Code (hereinafter referred to as the "IPC") and was sentenced to undergo rigorous imprisonment for two years under each sections and rest of the appellants were convicted under Section 323 and 147 of the IPC and were sentenced to undergo rigorous imprisonment of one year under each sections, by the judgment of conviction and order of sentence dated 21.08.2003 passed by Shri Chandra Shekhar Sharma, the then, Presiding Officer Additional Court No. 1, Patna. Adhoc Sessions Judge, Fast Track Court No. 1, Patna in Sessions Trial Case No. 1163 of 1996.

(2.) As nobody appeared on 08.08.2018 to argue the appeal, in spite of repeated calls, Mr. Ravi Bharadwaj has been appointed as Amicus Curiae to assist this Court.

(3.) Prosecution case as per written report of PW2 informant Parmeshwar Rai in short is that on 24.02.1996 in the evening at about 5 P.M., when the informant came back to his house, he saw appellant no. 1 Bhuwar Yadav was cutting Posta of the northern wall of his dalan, which was objected by the informant, on which, Bhuwar Yadav gave farsa blow on the head of the informant, as a result of which, he fell down on the ground and, thereafter, rest of the accused persons assaulted him by means of lathi. Informant raised alarm, on which, Gigal Rai, Sampati Devi and Kameshwar Rai came there running and they were also assaulted by the accused persons. The villagers assemble and saw the occurrence. Motive behind the occurrence is alleged to be the dispute between the parties with respet to the partition.