WAKIL SINGH AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the five appellants stood convicted under Sections 147, 323, and 436/149 of the Indian Penal Code (hereinafter referred to as the "IP C") and were sentenced to undergo R.I. for four years under Section 436/149 of the IPC and R.I. for six months under Section 147 and further R.I. for six months under Section 323 of the IPC, by the judgment of conviction dated 02.08.2003 and order of sentence dated 04.08.2003 passed by Shri Prabhat Kumar Jha, 6th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 1874/1994.

(2.) Prosecution case as per the complaint lodged by the PW1 Yogendra Singh in short is that the complainant was living after constructing a Palani and there was bhusa house by the side of the Palani. It is alleged that a day before the occurrence, she buffalo of Wakil Singh and Harihar Singh was grazing the crop of complainant and for that the complainant made a complaint to Babu Lal Singh. The appellants in retaliation came variously armed near the hut and set the Pilana and bhusha ghar on fire an also assaulted the informant by fists and slaps and it has specifically been stated that accused Harihar Singh sprinkled the kerosene oil and set the hut on fire and, thereafter, the accused persons fled away to their houses.

(3.) On the basis of aforesaid complaint, complaint case bearing C-1260/92 was registered. Summons were issued against the appellants and the case was committed to the court of sessions, which ultimately traveled to the file of Shri Prabhat Kumar Jha, 6th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 1874/1994.