BHOLA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

(2.) This criminal appeal has been preferred against the judgment and order of conviction and sentence dtd. 24/1/2013 passed by 1st Ad hoc Additional Sessions Judge, Gopalganj, in Sessions Trial No. 445 of 2004/368 of 2009, arising out of Mohammadpur P.S. Case No. 26 of 2001, whereby the learned trial Court convicted the accused Bhola Rai under Sec. 325 IPC and accused Satyendra Rai under Sec. 324 IPC and sentenced convict Bhola Rai to undergo three years imprisonment and also slapped him with a fine of Rs.2000.00 and in default of payment of fine to further undergo R.I. for three months under Sec. 325 IPC and sentenced accused Satyendra Rai to undergo R.I. for two years and also slapped him with a fine of Rs.1000.00 and in default of payment of fine to further undergo R.I. for one and half months under Sec. 324 IPC.

(3.) Factual matrix of the case is that Mohammadpur P.S. Case No. 26 of 2001 was instituted under Ss. 341/324/307/34 of the Indian Penal Code against the accused Bhola Rai and Satyendra Rai on the basis of fardbeyan of Rameshwar Rai, son of Gannu Rai recorded by A.S.I. Md. Hasnain Khan of Police Station Mohammadpur on 15/5/2001 at 3:00 PM at A.P.H.C Mohammadpur with the allegation in succinct that on 15/5/2001 at around 11:00 AM he along with his father Gannu Rai and brother Chandeshwar Rai was cutting soil from his land to fill his door. In the meantime Bhola Rai armed with farsa and Satyendra Rai armed with spade arrived there and forbade them from cutting the soil claiming the land of their own. On protest made by informant Bhola Rai assaulted on his right upper side of the chest (Pakhura) and on the left knee of his father by means of farsa while Sastyendra Rai assaulted near the left eyebrow of his brother Chandeshwar Rai by means of spade. On hulla made by them, several villagers including Vidya Rai, Jeetendra Rai and others rushed there and on congregation of the witnesses the accused persons left the scene. The bone of contention is cutting of the soil from his field.