SARJAN SINGH @ RAMAKANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant, Sarjan Singh @ Ramakant Singh, Nand Ji Singh and Ramsagar Singh have been found guilty for an offence punishable under Section 323 IPC and each one has been sentenced to undergo SI for 1 year, under Section 3(1) (x) of the SC/ST (POA) Act and sentenced to undergo SI for 6 months as well as to pay fine of Rs. 500/-, in default thereof, to undergo SI for 1 month, additionally, with a further direction to run the sentences concurrently, vide judgment of conviction and order of sentence dated 25.05.2015 passed by Additional Sessions Judge-1st -cum-Special Judge, Buxar in Sessions Trial No. 73//2010 arising out of Sikraul PS Case No.30/2008.

(2.) Pw-7, Nawlakh Ram filed a written report on 08.11.2008 alleging inter alia that yesterday i.e. on 07.11.2008 at about 7.00 AM, while he was irrigating his field, at that very time, his co-villager, Sarjan Singh @ Ramakant Singh came and began to irrigate his field whereupon he objected to and said that first of all, he be allowed to irrigate his field and then thereafter, he would, over which, they both indulged in an altercation and during course thereof, he abused by calling his caste name, i.e. Chamar, Siyar. He protested over which, he began to assault with Lathi. Hearing about Maar-peet, brothers of Sarjan Singh, namely, Nand Ji Singh and Ramsagar Singh came armed with Lathi and Danda and began to assault. During course thereof, Sarjan Singh caught hold of his hand and twisted, as a result of which, there was fracture over his shoulder. He also sustained injuries over other parts of body. On hue and cry, persons present in the surrounding assembled and saved him. Then thereafter, he had gone to Buxar for treatment and after returning therefrom, filed the written report.

(3.) After registration of Sikraul PS Case No.30/2008, investigation commenced and after concluding the same, charge-sheet was submitted whereupon trial commenced and concluded in a manner, subject matter of the instant appeal.