BABULAL SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the judgment dated .2.12.1993, passed by Shri Sheo Shankar Prasad, 3rd Addl. Sessions Judge, Motihari in criminal appeal No. 24/14 of 1989/91, whereby he has dismissed the appeal of the present four petitioners and confirmed the judgment, dated 18.2.1989, passed by Shri H.N. Gupta, Judicial Magistrate, 1st Class, Motihari in G.R. Case No. 2381/85 Trial No. 123/88. Petitioner No. 1 has been convicted under Sections 324 and 448, IPC and sentenced to undergo simple imprisonment for one year and four months, with respect to the said sections respectively. Petitioner Nos.

(2.) , 3 and 4 have been convicted under Sections 323 and 448, IPC and have been sentenced to undergo imprisonment for six months and four months, with respect to the said sections respectively. Both the sentences with respect to the four petitioners shall run concurrently. 2. The prosecution case, in short, is that on 26.11.1985 at about 5. p.m., the first informant, Lal Babu Sahni, while he was in his field, had rushed to his house on hearing the cries of his wife, and saw that the accused -petitioners were assaulting his wife, Lal Muni Devi. Petition No. 1 (Babu Lal Sahni) was armed with pharsa and others were armed with lathi. When the informant protested, petitioner No. 1 gave pharsa blow on the head of the informant and other accused -persons assaulted him with lathis. Petitioner No. 1 gave pharsa blow on the left leg of the wife of the informant and other accused -persons assaulted her with lathis. When Ramanand Choudhary came to their rescue, the accused -persons also assaulted him. Petitioner No. 4 (Ramnath Sahni) set his hut on fire. The informant, his wife and his brother came to Harsidhi Hospital, for their treatment.

(3.) ON the basis of the statement of the informant, a case was registered with Harsidhi P.S. under Sections 323, 324,448 and 436/34, IPC against the accused persons on 27.11.1985. After completing investigation, charge -sheet was submitted under Sections 323, 324 and 448, IPC against the accused -persons. On receipt of the charge -sheet, cognizance was taken and the case was transferred to the Magistrate for disposal. The defence version was complete denial of the allegations, and they have been falsely implicated due to land dispute. After completing the trial, the learned Magistrate by his judgment date,d 18.2.1989, convicted the petitioners herein and sentenced them in the aforesaid manner.