NUNU YADAV @ JAGDISH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Nunu Yadav @ Jagdish Yadav has been convicted for the offences under Sections 323 and 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months under Section 323 IPC and three years under Section 325 IPC, appellants Jiwachhi Devi and Janki Devi have been convicted for the offences under Sections 323 and 379 IPC and sentenced them to undergo R.I. for six months each under Section 323 IPC and R.I. for one year each under Section 379 IPC and appellant Ram Prasad Yadav has been convicted for the offences under Section 323 and 307 IPC and sentenced to undergo R.I. for six months under Section 323 IPC and R.I. for seven years under Section 307 IPC in both the appeals and sentences were directed to run concurrently vide judgment and order dated 6.2.2004 passed by Sri Kamal Kishore Sinha, the then Additional Sessions Judge, F.T.C. No.V, Darbhanga in Sessions Trial No.74 of 1996.

(2.) Prosecution case as per the fardbeyan of informant Faturan Thakur (P.W.4), in short, is that on 26.1.1994 at about 12 noon accused Ram Prasad Yadav and Nunu Yadav armed with lathi in their hands and accused Jiwachhi Devi and Janki Devi entered into the house of informant and accused Ram Prasad Yadav caught hold the right wrist of the informant, twisted it and knocked him on the ground and started pressing his neck by his both hands. In the meantime, wife of informant Dulari Devi (P.W.5) came to rescue her husband and accused Jiwachhi Devi and Janki Devi dashed the wife of informant and snatched gold nose pin and silver hasuli from her neck and rushed towards their house. Accused Nunu Yadav started assaulting the informant with lathi causing fracture of the bone of the rib of left chest and due to assault by lathi wife of informant sustained swelling injury in her left leg and when alarm was raised by the wife of informant, witnesses Ramashish Yadav, Mohan Sahni, Paltu Khatvey and Kailash Barai reached there and rescued the informant. The genesis of the occurrence is said to be litigation of accused Ram Prasad Yadav with his neighbour and he had asked the informant to depose in that case and demanded money from him and when informant refused the instant occurrence took place.

(3.) The aforesaid fardbeyan laid to the registration of Manigachhi P.S.Case No. 13 of 1994. Police after investigation submitted charge sheet, cognizance has been taken for the offence and after commitment the case ultimately came to the file of the learned Trial Judge for trial and disposal.