BALI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No.1 Bali Singh @ Ram Bali Singh has been convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and appellants Nos. 2 and 3, namely, Kanhai Singh and Ramayan Singh, have been convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months vide judgment and order dated 4.2.2003 passed by Sri Baleshwar Prasad Singh, the then Presiding Officer, Additional Court No.1, F.T.C., Sasaram in Sessions Trial No. 619/89/261/2002.

(2.) Prosecution case, which has been initiated on the basis of fardbeyan of Ramjee Singh (PW 3), in short, is that on 5.7.1988 at about 7.30 A.M. in the morning, the informant (PW 3) was putting the thatch on the hut in his land and in the meantime the appellant Bali Singh armed with Garasa and appellants Kanhai Singh, Ramayan Singh and accused Mahadeo Singh (since died) armed with lathi came there and told the informant, not to put the thatch on the hut. The informant then retorted and told them that as the land belonged to him he had every right to put the thatch, thereafter accused Mahadeo Singh (since died) ordered the appellants to assault the informant, on which appellant Bali Singh gave Garasa blow on the head of informant causing bleeding injury on his head and again he hurled another Garasa blow on him but the same did not hit him. Further it is alleged that appellants Kanhai Singh, Ramayan Singh and accused Mahadeo Singh (since died) started assaulting the informant with lathi causing injuries to him on different parts of his body and on hulla witnesses came there to rescue the informant and the accused persons fled away.

(3.) On the basis of aforesaid fardbeyan, Rohtas P.S.Case No. 75 of 1988 was registered and post investigation, charge sheet has been submitted by police and cognizance of the offence has been taken and as offence under Section 307 IPC is triable by Sessions Judge the case has been committed to the court of sessions, which ultimately came to the file of learned Trial Judge for trial and disposal.