BHINU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Appeal has been filed against the Judgment of conviction and order of sentence dated 14.01.2009 passed by the Additional Sessions Judge, Fast Track Court-3, Sitamarhi, in Sessions Trial No. 317 of 2001/51 of 2008 arising out of Runnisaidpur P.S. Case No. 177 of 2000, G.R. No. 1575 of 2000 by which the Appellants have been convicted and sentenced to undergo rigorous imprisonment for three years for the offence under Section 324, six months for the offence under Section 323 and further six months for the offence under Section 341 of the Indian Penal Code. All the sentences were ordered to run concurrently.

(2.) As per First Information Report lodged by informant Ganesh Rai, he was going to call labourers and when he reached near the place of occurrence, he heard hulla and went there. He found that the Appellants were altercating with Ram Sagar Rai, nephew of the informant. He saw that Raj Kishore Rai (Appellant No. 2) and Jai Kishore Rai (Appellant No. 3) ordered to assault Ram Sagar Rai, upon which Bhinu Rai (Appellant No. 1) assaulted the informant with spade on his head causing bleeding injury to him on account of which he fell down on the ground. Appellant No. 2 also assaulted the informant with lathi on his Panjra. The villagers came there and anyhow succeeded to save him from further assault. The motive behind the occurrence is that nephew of the informant was going to his field with oxen by passing through the field of Appellant No.1.

(3.) Heard learned counsel for the Appellants and learned Additional Public Prosector.