BISHWANATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the appellants namely Bishwanath Dubey and Ram Nath Dubey have been found guilty for an offence punishable under Section 323 of the I.P.C. and each one has been sentenced to undergo S.I. for six months as well as to pay fine appertaining to Rs.1,000/- and in default thereof, to undergo S.I. for one month, additionally. Under Section 325 of the I.P.C. and each one has been sentenced to undergo R.I. for two years as well as to pay fine appertaining to Rs.40,000/- and in default thereof, to undergo S.I. for one year with a further direction to run the sentences concurrently vide judgment of conviction and order of sentence dated 17.04.2015 passed by the Additional Sessions Judge-V, Rohtas at Sasaram in Sessions Trial No.611 of 1997.

(2.) Sushila Devi (PW-4) gave her fard-bayan on 16.01.1995 at about 5.30 p.m. while was admitted at Bose Clinic Dihri (Female Ward) in an injured condition disclosing therein that on the same day at about 11.00 a.m. while her younger brother Kamlesh Sharma aged about 08 years was playing near straw heap belonging to Bishwanath Dubey, Bishwanath Dubey, Ram Nath Dubey came and began to assault with fists and slaps, whereupon her mother rushed in rescue. Then thereafter, Bishwanath Dubey and Ram Nath Dubey came at her darwaza, dragged her mother and then, assaulted her with fists, slaps and danda. She rushed in rescue, whereupon both of them also assaulted her with fists, slaps and danda. Her younger sisters also rushed in rescue, who were also assaulted in similar way by both of them. On hue and cry, Ram Briksh Mahto (PW-3), Raju Sharma (not examined), Lagan Devi (not examined) and others came seeing whom, accused persons ran away. Then thereafter, she along with her mother leaving his brother Kamlesh Sharma and younger sister Pushpa at her house, taken to hospital.

(3.) On the basis of the aforesaid fard-bayan, Dehri (Indarpuri) P.S. Case No.18 of 1995 was registered followed with an investigation as well as submission of chargesheet facilitating the trial, the subject matter of instant appeal.