AASH NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ranbir Singh, Amicus Curiae 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 dated 19.02.2013 and order of sentence dated 20.02.2013 passed by the Ad hoc Additional Sessions Judge-IV, Sitamarhi in Sessions Trial No. 358 of 2009, arising out of Bajpatti P.S. Case No. 55 of 2008, whereby the learned Trial Court convicted the accused Aash Narain Rai, Shashi Kant Rai, Khattar Rai, Dukhran Rai, Chet Narayan Rai, Raju Rai @ Raju Kumar and Shushil Kumar @ Sushil Rai under Section 323, 504 and 307/34 of the Indian Penal Code (hereinafter in short referred to as IPC) and sentenced them to undergo rigorous imprisonment for 7 years each and also slapped them with a fine of Rs. 1000/- each and in default of payment of fine further sentenced them to undergo S.I. for two months each and further sentenced them to undergo S.I. for six months each under Section 323 IPC and S.I. for six months each u/s. 504 IPC. All the sentences were directed to run concurrently.

(3.) Factual matrix of the case is that Bajpatti P.S. Case No. 55 of 2008 was instituted under Sections 447,341, 323, 324, 325 and 504/34 of the IPC against Aash Narain Rai, Shashi Kant Rai, Khattar Rai, Dukhran Rai, Chet Narayan Rai, Raju Rai @ Raju Kumar and Sushil Kumar @ Sushil Rai on the basis of written report of Satyendra Narayan Rai, son of Late Mahendra Rai with the allegation in succinct that on 03.08.2008 at 1:00 PM Chet Narayan Rai and Dukhran Rai were grazing the paddy crop in his field by their she-buffalo. On learning the same, when he rushed to his field to raise protest they left the scene along with their she-buffalo extending threatening to him and arrived at his field at 3:00 PM along with Aash Narain Rai, Shashi Kant Rai, Khattar Rai, Dukhran Rai, Chet Narayan Rai, Raju Rai @ Raju Kumar and Sushil Kumar @ Sushil Rai while he was planting the seedling in his another field Aash Narain Rain gave Farsa blow to him but he dodged the same but sustained injury on his head. Other accused persons assaulted him by means of Lathi. In course of intervening the occurrence accused persons assaulted Vijay Narayan Rai inflicting injury on his finger. During the course of occurrence Shashi Kant Rai was giving order to eliminate the informant. On congregation of his brothers, accused persons left the scene assaulting them.