PABURAS TOPPO Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals heard together as they are arisen out of the same judgment and are being disposed of by this common judgment. All the three appellants have been convicted under Section 324/34, IPC whereas appellant Nos. 1 and 2 (Paburas Toppo and Epil Hembrom) have further been convicted for the offence under Section 325/34, IPC and appellant Nos. 1 and 2 were sentenced to undergo R.I. for five years each under Section 325, IPC and fine of Rs. Two hundred and in default of fine, R.I. for two months each whereas all the appellants including Kishore Bage were sentenced to undergo R.I. for two years each under Section 324/34, IPC.

(2.) THE Prosecution case, in brief, is that a written report was submitted by one Habil Soren alleging therein that on 17.11.1990 at about 9.30 p.m., the accused persons who are the students of Epifani Boys Hostel, assaulted Sneh Masih Dhan and Bardan Topno as a result of which both of them became seriously injured. It is further alleged that all the three appellants, namely, Paburas Toppo, Kishore Bage and Epil Hembrom, who are residing in the said hostel, are arrogant and avoiding discipline for which there was a complaint against them. It is further alleged that the informant tried to make them understood on which they started quarreling. It is further alleged that Sneh Masih Dhan Warden of Hostel and Bardan Topno House Master were assaulted by the appellants by means of iron rod and tangi of which the informant said to be the eye witness and accordingly he submitted the written report to the Officer Incharge. On the basis of which the First Information Report was registered under Sections 323/324/34, IPC and 307, IPC. The police investigated into the case and submitted charge -sheet against the appellants.

(3.) THERE is specific allegation against all the appellants for assaulting Sneh Masih Dhan who was Warden of the said hostel at the relevant time and also Bardan Topno, House Master by means of iron rod and tangi. It is also obvious that both injured were examined by the Doctor, PW 7 who found the following injuries on the person of Sneh Masih Dhan ''