GANESH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) On repeated call, none appears on behalf of appellants, on account thereof, Sri Arun Kumar Tripathi, learned counsel has been requested to assist the Court as an Amicus Curiae.

(2.) Both the appellants namely Ganesh Pandit and Mahesh Pandit have been found guilty for an offence publishable 447 of the I.P.C. and sentenced to undergo S.I. for three months, under Section 323 of the I.P.C. and sentenced to undergo S.I. for one year, while appellant Ganesh Pandit has been found guilty for an offence punishable under Section 324 of the I.P.C. and sentenced to undergo R.I. for one year, Mahesh Pandit has been found guilty for an offence punishable under Section 324/34 I.P.C. and sentenced to undergo R.I. for one year with a further direction to run the sentences concurrently with a further direction that the period having undergone during course of trial will be set off vide judgment of conviction as well as order of sentence dated 06.11.2008 passed by the Additional Sessions Judge, Fast Track Court No.Vth, Vaishali at Hajipur in Sessions Trial No.131 of 1990.

(3.) Sudama Devi (PW-8) gave her fard -beyan on 02.09.1988 at about 3 A.M. at her Darwaza disclosing therein that in the preceding night while they were sleeping at their house, her husband Prashadi Pandit was sleeping in a hut outside the house, her son Ramesh Pandit was sleeping in a room inside the house, other sons Raj Kumar Pandit and Sanjay Kumar Pandit were sleeping over Oshara outside her house, she along with her daughter Kanchaniya Devi were sleeping in a room inside the house, they woke up after hearing alarm of Prashadi Pandit, 'do not kill him, do not kill him', whereupon all of them rushed. They have seen three persons engaged in assaulting her husband. In torch light she has seen two persons armed with Chhura while one was armed with lathi. She identified one of them as Dashrath Pandit as her co-villager. Then thereafter, the person, who was carrying lathi, began to assault her as well as her daughter and all the three sons. They also raised hue and cry, whereupon her neighbour Mahesh Singh, Chandeshwar Singh, Binod Singh, Gopal Singh, Ramji Pandit and Others came, seeing whom, all the accused persons ran away therefrom. She further disclosed that the persons, who came, have disclosed that they have identified Ganesh Pandit and Mahesh Pandit amongst them while her son Ramesh Pandit has identified all of them as Dashrath Pandit, Ganesh Pandit and Mahesh Pandit. Her husband as well as her son have been taken away by the villagers to Hajipur for treatment. They have sustained superficial injury on account thereof, they remained at the house. She has further disclosed that all the accused persons have indulge in criminal activity with an intention to kill her husband. The motive for occurrence has been shown as since three years, her son Ramesh Pandit and Dashrath Pandit are on strained relationship.