MURARI LAL AGARWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the four appellants were put on trial to face charges under Sections 147 and 307 of the Indian Penal Code on the allegation that they along with 3 to 4 unknown persons after forming unlawful assembly committed noting and made an attempt to commit murder of the informant, pradeep Kumar Agarwalla, P. W. 5. However, learned trial Court found the appellants guilty under Sections 147 and 323 of Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for one year on each count. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that on 12-5-1986 at about 9. 15 p. m. while the informant, Pradeep Kumar Agarwalla. P. W. 5, was returning home from Purani Bazar and as soon as he reached near the electric substation the appellants and 3 to 4 unknown persons accosted him there and then the appellant, Prakash Ritolia, told him that he has to now face consequences for lodging a case against them and thereafter all the accused persons started assaulting him with hockey sticks as a result of which, he sustained injuries over his right hand and both legs which started bleeding and when he raised alarms, his father and other people of Mohalla came over there and then the appellants and other unknown persons fled away. Thereafter the informant, Pradeep kumar Agarwalla, P. W. 5, along with his father came to Dhanbad (Bank More) Police station and gave his Fardbeyan (Ext. 3), upon which a case was instituted under Sections 147, 342, 323 and 307 of Indian Penal Code. Thereafter, the matter was taken up for investigation and in course of investigation, the police recorded the statements of the witnesses and got the injured examined by Dr. Arbind Kumar Singh, P. W. 4, who on examination found the following injuries:-

(3.) THE doctor issued injury report (Ext. 2) with the opinion that the injuries were caused by hard and blunt substance. However, no opinion could be given regarding the nature of injuries, rather kept his opinion reserved awaiting x-ray. However, it appears from the judgment that the injuries were found to be simple in nature. After completion of the investigation, police submitted charge-sheet and accordingly the charges were framed to which the appellants pleaded not guilty and claimed to be tried.