STATE OF BIHAR Vs. SACHITA RAI

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel appearing for the respondents.

(2.) The State has challenged the judgment of acquittal passed by learned 2nd Additional Sessions Judge, Bhojpur, Ara in Sessions Trial No. 75 of 1986 arising out of Udwant Nagar P.S. Case No. 123 of 1981 by which and whereunder he acquitted the respondents of the charges framed under Sections 148, 302/34, 324 of the Indian Penal Code and Section 27 of the Arms Act.

(3.) The above stated Udwant Nagar P.S. Case No. 123 of 1981 was registered on 15.11.1981 on the basis of ferdbeyan given by Khalifa Singh on the same day to S.I. K. Ram to this effect that on 15.11.1981 at about 06:00 A.M. he came out of his house and saw that one Radha Ram and his men were filling his field whereupon he forbade him to do so as he had purchased the said field but the above stated objection resulted into verbal altercation and the aforesaid Radha Ram ordered the others to assault. Thereafter, respondent no. 3, namely, Bazari Dusadh gave a bhala blow on his shoulder and Chhabila Dusadh gave lathi blow to him. Seeing this, Raghunath Singh (PW-7), Chandrama Yadav (PW-3) and Ramdeo Singh (PW-2) came to his rescue but respondent no. 2 and one Chhabila Dusadh assaulted Raghunath by means of lathi and bhala causing injury on his thigh and head. Similarly, respondent no. 6 Ramdhari Ram assaulted Ramdeo Singh by means of bhala causing injury on his arm and respondent no. 2 and 4 assaulted Rambhaju Singh by means of bhala as a result of which he fell down on the ground and became unconscious. Similarly, Radharam assaulted Chandrama Singh by means of bhala causing injury on his right hand. It is further stated that to save their life, they, too, assaulted the accused persons. After the alleged occurrence, they were brought to Sadar Hospital, Ara where they got treatment. It has been mentioned in the ferdbeyan that at the time of recording ferdbeyan of Khalifa Singh, Rambhaju Singh (deceased) was unconscious.