VISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of the present appeal, appellants seek to challenge the judgment of conviction and order of sentence dated 17.02.2003, passed by Shri Anant Prasad Srivastava, Adhoc Dist. & Sessions Judge, Presiding Officer, 1st Addl. Fast Track Court, Siwan in Sessions Trial No. 437/95/448/02 by which the appellant- Vishwanath Singh was convicted under Section 323 of the Indian Penal Code (in short the "IPC") and was sentenced to undergo R.I. for six months and appellants Yogendra Singh and Munilal Singh stood convicted under Section 324 of the IPC and were sentenced to undergo R.I. for one year.

(2.) Prosecution case as narrated by informant Raghubir Singh (P.W. 4) in short is that on 14.09.91 at about 10. A.M., nephew of the informant, namely, Surendra Singh (P.W. 6) was cleaning sahan in front of his house by uprooting the grass then appellant - Munilal Singh came there armed with Bhala and asked Surendra Singh (P.W. 6) not to remove the grass, this led to wordy altercation between the two and on hearing the hulla informant (P.W. 4) and his brother Mahabir Singh (P.W. 5) came there and asked them not to quarrel. Thereafter other appellants, namely, Yogendra Singh armed with Bhala, Viswanath Singh armed with lathi and co-accused Sheo Sagar Singh armed with bhala came there and appellant Yogendra Singh assaulted on the head of Surendra Singh (P.W. 6) by bhala and appellant Vishwanath Singh assaulted him by means of lathi. Mahabir Singh (P.W. 5) was assaulted by appellant Vishwanath Singh by lathi and by co-accused Sheo Sagar Singh, by bhala. Appellant Munilal Singh inflicted bhala blow in the abdomen of informant and appellant Yogendra Singh assaulted the informant by lathi. Thereafter the injured persons were brought to the Nautan Hospital. On the basis of the above fardbeyan of informant Nautan P.S. Case No. 49/91 was registered against the appellants.

(3.) Police after investigation submitted charge-sheet. Cognizance of the offence was taken and the case was committed to the court of sessions, which ultimately came to the file of Shri Anant Prasad Srivastava, Adhoc Dist. & Sessions Judge, Presiding Officer, 1st Addl. Fast Track Court, Siwan, for trial and disposal.