SAHDEO RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Sahdeo Ram has been found guilty for an offence punishable under Section 148 IPC and for that, no separate sentence has been inflicted, under Section 324 IPC and for that he has been directed to undergo S.I. for two years, while remaining appellants, namely, Dharmendra Ram, Upendra Ram, Jitendra Ram, Ram Pravesh Ram, Dinesh Ram, Bihari Ram have been found guilty for an offence punishable under Section 147 of the IPC and for that, no separate sentence has been inflicted, under Section 323 of the IPC and each one has been sentenced to undergo S.I. for six months vide judgment of conviction and order of sentence dated 27.02.2009 passed by Additional Sessions Judge, FTC-2, Kaimur (Bhabhua) relating to Sessions Trial No.240 of 2010/10 of 2007.

(2.) Rameshwar Ram (PW.8) while was admitted at PHC, Chenari on 09-03-2004 at 02:00 PM gave his fardbeyan alleging inter alia that on the same day at about 09:00 AM when he came out from his house, he had seen Sahdeo Ram, Dharmendra Ram, Jitendra Ram, Upendra Ram, Ram Pravesh Ram, Dinesh Ram, Bihari Ram engaged in digging plinth. Seeing the same, he inquired why they were digging beyond the measured area. Sahdeo began to abuse and then, all of them brought lathi, farsa, chased and attacked upon him. He tried to run therefrom, but Sahdeo Ram gave farsa blow over his head causing injury thereupon. Blood oozen out. He fell down. Then thereafter, others also began to assault with lathi. On his alarm, his grandson Mahendra and Nandu Ram came in rescue who were also assaulted by them. His nephew Ram Kishore Ram and wife of his younger brother namely, Bilatani Devi came in rescue who were also assaulted. Villagers rushed in rescue seeing whom, the accused persons fled away. Then thereafter, all the injured have been taken to Chenari, PHC for treatment where they were being treated.

(3.) After registration of Bhagwanpur (Karamchat) P.S. Case No.24/2004 investigation commenced and concluded by way of submission of charge sheet, facilitating the trial, meeting with the ultimate result, subject matter of instant appeal.