JUGESHWAR TANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel Mr. Ranbir Singh as amicus curiae for the appellants as well as learned APP for the State.

(2.) This appeal has been preferred against the judgment and order of conviction and sentence dated 18.02.2013 passed by the Additional Sessions Judge-V, Begusarai in Sessions Trial No. 614 of 2009, arising out of Cheria Bariarpur P.S. Case No. 145 of 2008, whereby the learned trial court convicted Jugeshwar Tanti, Umesh Tanti, Amit Tanti, Lachho Devi and Gopal Tanti under Sections 504, 323, 324 and 326 IPC and sentenced them to undergo S.I. for six months for the offence under Section 323 of the Indian Penal Code and S.I. for two months for the offence under Section 504 I.P.C. and further sentenced Amit Tanti and Jugeshwar Tanti to undergo R.I. for three years under Section 324 IPC and sentenced Amit Tanti to undergo R.I. for three years and also slapped him with a fine of Rs. 2000/- and in default of payment of fine to further undergo S.I. for two months under Section 326 of IPC. All the sentences were directed to run concurrently.

(3.) The factual matrix of the case is that Cheria Bariarpur P.S. Case No. 145 of 2008 was instituted under Sections 447/341/324/307/504/323/34 of the Indian Penal Code and 3/4 Prevention of Witch (Daain) Practices Act against Jugeshwar Tanti, Umesh Tanti @ Maulvi, Amit Tanti, Gopal Tanti, Lachho Devi, on the basis of fardbeyan of Dilip Tanti, son of Late Kalpu Tanti recorded by S.I. A.K. Yadav In-charge of Majhaul OP on 10.09.2008 at 10:15 AM at Surgical Ward, Sadar Hospital, Begusarai with the allegation in succinct that on 09.09.2008 in the evening when the informant regressed to his house from the village Rajaura at around 7:00 PM. Jugeshwar Tanti, Umesh Tanti, Amit Tanti, Lachho Devi and Gopal Tanti armed with Bhujali, Garasa, Lathi and Danda descended at his house and caught hold his wife Kala Devi and started assaulting her blaming her to be Daain who has made their children sick. When he rushed in rescue of his wife Amit Tanti assaulted on his head by means Garasa. He averted the aforesaid assault but received Garasa blow on his lip resultantly his lip was cut. Jugeshwar Tanti assaulted on his head by means of Bhujali inflicting injury on his forehead. His wounds were bleeding. In the mean time, his brother Jugal Tanti and his wife Bindu Devi rushed in his rescue then all the accused persons made them injured by assaulting them by means of arms possessed by them. Amit Tanti assaulted his brother by means of garasa and Jujeshwar Tanti assaulted his wife by means of bhujali and another accused persons assaulted them by means of lathi. Responding hulla Bindeshwar Tanti, Diwakar Ishwar, Chandan Ishwar, Jhagru Ishwar, Chamru Paswan and other persons rushed there and intervened the occurrence thereafter accused persons left the scene.