RAM NARESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) -THIS appeal arises out of the judgment and order of conviction passed by the 3rd Additional Sessions judge. Vaishali at Hajipur, in Sessions Trial no. 65 of 1987 on 27-8-1993. The four appellants were put on trial in the above noted case for a joint charge under Section 307/34 of the Indian Penal Code. There were individual charges also. Appellant Ram Naresh sharma was charged under Section 326 of the Penal Code for causing grievous hurt to nevilal Sharma. P. W. 5 whereas, appellant anant Lal Sharma stood charged under section 324 of the Penal Code for causing hurt to the above noted P. W. 5 namely. Nevilal Sharma. The remaining two appellants, namely, Nagendra Sharma and dhurandhar Sharma were charged under section 323 of the Penal Code for causing hurt to the informant Nevilal Sharma. The occurrence took place on 28-4-1984.

(2.) THE prosecution story was that the grandson of the informant had defecated in the field of the accused persons and, as such, appellant Nagendra Sharma abused him which was forbidden by the informant and that ensued an altercation between the two sides. It is alleged, at the orders of appellant Nagendra Sharma to assault, appellant ram Naresh Sharma dealt farsa blows on the head and back of P. W. 5, Nevilal Sharma. Accused Dhurandhar Sharma assaulted p. W. 5, Nevilal Sharma with lathi on his waist, whereas, accused Anant Lal Sharma assaulted P. W. 5 with Bhala which hit him somewhere around his left elbow. The injured Nebilal Sharma was rushed to Sadar hospital, Hajipur, and his fardbeyan was recorded and that resulted in investigation by the police and ultimate laying down of the charge-sheet and trial of the appellants which ended in judgment and order of conviction, as indicated above.

(3.) THE defence, as set up by the appellants in the Court below, was that there was no such occurrence as alleged and that the witnesses had come with false story of assault and other aspects of the matter. The informant was suggested that there was some litigation between the parties and in order to settling scores a false case was lodged by him.