At, High Court of Bihar
By, THE HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA
For the Appearing Parties: Nasrul Hoda Khan, Naushaduzzoha, Ram Briksh Singh Pahepuri, Advocates.
(1.) THIS appeal is directed against the judgment dated 19-1-1993 passed by the 8th Additional Sessions judge, Gaya in Sessions Trial No. 482/96 of 1983/1990 whereby the appellant Nos. 1 and 2 namely, Dulli Bhuyan and Jatah ravldas were convicted under Section 324 of the Indian Penal Code and the appellant no. 3 Kuleshwar Bhuyan was convicted under Section 323 of the Indian Penal Code. Appellant Nos. 1 and 2 were sentenced to undergo R. I. for two years and the appellant No. 3 R. I. for one year. Initially the case was registered under section 307 of the Indian Penal Code on the basis of fardbeyan of P. W. 6 Badri Yadav with regard to an occurrence dated 14-8-1993. He alleged that his son Umesh Yadav (P. W. 4)had gone to graze his buffaloes. At about noon of the day one of the she buffaloes suddenly pulled out thatch-pieces from the roof of Dulli Bhuyan's ho
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use. Dull! Bhuyan lost his control and assaulted by fist and slaps to Umesh and also abused him. Umesh returned to his house weeping and narrated about the occurrence to his father and others. Thereafter, P. W. 6 and his son Madan mohan Yadav P. W. 5 went to complaint the accused Dulli. Accused Jatah came out with garasa and Kaleshwar Yadav came out with lathi and they made murderous attack upon the informant and his son. Dulli and Jatah gave garasa blow on the Madan Mohan yadav P. W. 5. Whereas accused Kaleshwar gave lathi blow upon the informant P. W. 6. on cry raised by the injured, the villagers came and the victims could be saved. Madan mohan Yadav and Badri Yadav were carried to their home by the witnesses. In the evening the police came and recorded the fardbeyan of Badri Yadav (Exhibit-1). After investigation the charge sheet was submitted under Section 307/34 of the Indian Penal Code. Charges were explained to the accused. They pleaded their innocence and false implication on account of previous enmiry.
(2.) IN order to prove its case the prosecution examined seven witnesses. Fardbeyan (Exht-1), injury reports (Ext. 2/1) were brought as documentary evidence. P. W. 1 is the formal witness who has proved exhibit-1. P. W. 2 Harihar Yadav has been examined as eye-witness. P. W. 3 has also been examined as eye-witness P. W. 4 Umesh Yadav who is the person about whom it has been submitted that he was grazing she buffaloes after which the occurrence occurred. P. W. 5 Madan Mohan Yadav who is the informant's son and is one of the injured. P,w. 6 the informant Badri Yadav is the injured person. P. W. 7 is the doctor. I. O. has not been examined.
(3.) EVIDENCE of the injured witness p. W. 5 and 6 speaks lot about the date and time of occurrence. Their evidence are almost identical that on 14-8-1983 at about noon one of she buffaloes pulled out thatch-pieces from the roof of the Dulli Bhuyan's house upon which Dulli Bhuyan got infuriated and assaulted. Thereafter Umesh went to his house, narrated about the occurrence. When his father went to complaint then they were brutally assaulted by farsa and lathi by all the accused persons as a result thereof the informant and his son received injuries. The injured came to their house and when the police then the matter was reported to the police then the fardbeyan was recorded. Evidence of the doctor P. W. 7 is that on 15-6-1983 he was poke