TRIBENI CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of the judgment of conviction and sentence passed by the 6th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 161 of 1988 passed on the 18th September, 1993 by which, while acquitting the three appellants of the offence under Section 307 IPC, the learned Judge found appellants Tribeni Chaudhary and Binod Chaudhary guilty of committing offence under Section 323 of the Indian Penal Code and directed each of them to suffer rigorous imprisonment for six months. The learned Judge held appellant No. 2, namely, Sarju Chaudhary guilty of committing offence under Section 324 IPC and directed him to suffer rigorous imprisonment for one year. No sentence of fine was passed against any of the appellants.

(2.) The prosecution case, in short, as contained in Exht. 5, is that the informant was coming back to his house after tethering oxen at the residence of a particular person and when he had reached a particular place in between the house of one Radha Chaudhary and Butan Chaudhary, appeallant Sarju Chaudhary appeared with a scythe and dealt a blow with the instrument on the frontal part of his head. In the meantime, appellant Triveni Chaudhary and Binod Chaudhary also arrived there with bricks and lathi and both of them dealt blows with brick and lathi respectively on the nose and back of the informant. The informant ran for his life and fell down in that process. He cried out for help, upon which, Pramod Singh (not examined), Butan Dhobi (P.W. 1) and Kameshwar Chaudhary (P.W. 2) were attracted and the appellants started running away. The three above named witnesses brought the informant to the doctor, P.W. 5 for his treatment.

(3.) The motive for the occurrence was that the appellants had constructed some steps to go into their house by encroaching public land and by laying their claim over the land which was asked to remove by the informant and as such, the incident.