TILESHWAR YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) As the learned counsel for the appellant failed to appear on account thereof, Mr. Baban Roy, learned advocate has been requested to assist the court as an Amicus Curiae.

(2.) Appellants, Ram Bilash Yadav, Ram Biash Yadav have been found guilty for an offence punishable under Sections 307/34 IPC and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.2000/- and in default thereof, to undergo S.I. for three months additionally, under Section 324/34 IPC and sentenced to undergo R.I. for three years, under Section 325/34 IPC and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.1000/- and in default thereof, to undergo S.I. for two months additionally, under Section 341 IPC and sentenced to undergo S.I. for one month, under Section 323 IPC and sentenced to undergo S.I. for six months, under Section 504 IPC and sentenced to undergo S.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 27.07.2015 and order of sentence dated 29.07.2015 passed by Additional Sessions Judge, IVth, Katihar in Sessions Trial No.65/201

(3.) Pw.10, Ashwani Kumar Chaudhary gave his fardbeyan on 30.09.2007 at about 12:30 hours at Manihari Police Station where he along with his injured brother Ashok Choudhary, cousin brother Kameshwar Prasad were being treated disclosing therein that today about 11:30 AM he had gone to his field lying at village-Kyari Bahiyar to put fertilizer and during course thereof, his co-villager Pannu Mandal met and inquired how his crops are thriving during midst thereof, Tileshwar Yadav, Ram Bilash Yadav @ Bilwa Yadav, Mithilesh Yadav, Mukesh Yadav, Sanjay Yadav armed variously came, out of whom Tileshwar Yadav ordered to kill whereupon Ram Bilash Yadav @ Bilwa Yadav, Mithilesh Yadav, Mukesh Yadav, and Sanjay Yadav began to assault with lathi over his both legs, hand, back. Tileshwar Yadav with an intention to kill, gave farsa blow over his head as a result of which he became badly injured. Pannu Mandal has witnessed the occurrence. Then thereafter, the accused persons came at his house and had assaulted his own brother Ashok, cousin brother Kameshwar Prasad Chaudhary. Accused Tileshwar Yadav took away rupees four thousand belonging to his father. Arun Mandal, Brahamdeo Mandal along with others have seen the occurrence.