GANESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dtd. 21/2/2013 passed by XIth Additional Sessions Judge, Saran at Chhapra in Sessions Trial No. 287 of 1993 arising out of Manjhi P.S. Case No. 52 of 1992 whereby the learned trial court convicted the accused Durga Singh, Ganesh Singh, Ishwar Singh, Binesh Singh, Rajeshwar Singh and Jagadish Singh for the offence punishable under Ss. 148 and 307/149 of the Indian Penal Code and sentenced them to undergo R.I. for seven years each and also slapped them with the fine of Rs.2000.00 each and in case of default of payment of fine to further undergo R.I. for six months under Sec. 307/149 of the Indian Penal Code and further sentenced them to undergo S.I. for one year under Sec. 148 of the Indian Penal Code. Both the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Manjhi P.S. Case No. 52 of 1992 was instituted under Ss. 147, 148, 149, 323, 324, 325, 326, 307 and 448 of the Indian Penal Code against the accused Ganesh Singh, Ishwar Singh, Jagadish Singh, Dahari Singh, Durga Singh, Rajeshwar Singh, Binesh Singh and Ramashankar Singh on the basis of the fardbeyan of Raghubir Mahto, Son of Ramayan Mahto recorded by ASI C.S. Singh of P.S. Sadar Hospital Camp, Chhapra on 10/4/1992 at 10 AM at Male Ward of Sadar Hospital, Chhapra with the allegation in succinct that on 9/4/1992 at around 9:30 PM, informant and his family members were sleeping on his door after taking meal. Abruptly accused Ganesh Singh, Ishwar Singh, Jagadish Singh, Dahari Singh, Durga Singh, Rajeshwar Singh, Binesh Singh and Ramashankar Singh armed with lathi, farsa and bhala descended at his door and Ramashankar Singh gave order to assault. Responding the same, Ganesh Singh gave farsa blow on his head inflicting bleeding head injury to him. Sustaining injury he fell down. Then Durga Singh, Rajeshwar Singh and Binesh Singh indiscriminately assaulted him by means of lathi. When his mother Manki Devi rushed in his rescue, Ishwar Singh assaulted her by means of farsa. She sustained bleeding injury in fingers of both hands in course of intercepting assault. In the meantime, his family members rushed there. Then Dahari Singh assaulted on the hand of his grand-father namely Ram Singar Mahto by means of bhala inflicting injury at two places on his right hand while Jagadish Singh indiscriminately assaulted him by means of lathi. Locals rushed in their rescue. Then all the accused persons left the scene. He fell senseless sustaining injury and his family members rushed him to Sadar Hospital Chhapra to accord him treatment. Ram Chhabila Singh, Vijay Singh and others witnessed the occurrence. The bone of contention is said to be pendency of litigation between the parties.