LAL DAS SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeal has been preferred against the judgment and order dated 2 -6 -1989, passed by the Addl. Sessions Judge, XI, Patna in S.T. No. 586/79 of 1984/1986, whereby appellants Mahendra Singh and Nagendra Singh were convicted for the offence under Section 324, Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years. They have further been convicted for the offence under Section 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years. Rest of the appellants have been convicted for the offence under Section 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year

(2.) The occurrence is alleged to have taken place on 23 -10 -1980. It has been alleged that while the informant was in his field the appellants came variously armed. Appellants Mahendra Singh and Nagendra Singh assaulted the informant with Bhala. On the aforesaid fardbeyan, a formal First Information Report was drawn and after investigation charge -sheet was submitted for the offence under Section 307 of the Indian Penal Code. On submission of the charge -sheet, cognizance was taken and the case was committed to the Court of Session for trial. The trial Court held that no case under Section 307 of the Indian Penal Code is made out and accordingly acquitted the appellant for the charge under Section 307 of Indian Penal Code, however, convicted the appellants for the offence under Section 324, I.P.C. as indicated above.

(3.) No body appeared for the appellants and as such Mrs. Shweta Verma was appointed to do the case as amicus curiae.