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2000 DIGILAW 1276 (PAT)

Raja Singh And Others v. State Of Bihar

2000-11-30

INDU PRABHA SINGH

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Judgment Indu Prabha Singh, J. 1. Appellant No. 4, Indira Lal Singh has been convicted under Secs. 324 of the Indian Penal Code and has been sentenced to execute a bond of Rs. 2,000.00 with one surety for keeping peace and good behaviour for a period of two years. Other appellants have been convicted under Sec. 323 of the Indian Penal Code and have been sentenced to execute a bond of Rs. 2,000.00 each with two surety for keeping peace and good behaviour for a period of two years. 2. The prosecution case, in brief, is that on 29.1.1984 at about 6 a.m. when the informant, Ram Pravesh Singh (P.W. 4) was returning after easing, he saw that appellant Raja Singh was standing with a lathi on the ridge and appellant Sarba Nand Singh and Gyaneshwar Singh alias Laddu Singh were cutting the ridge of his field, situated in east of his boring and in south-east of his house. It has been further stated that when he protested and advised to get measurement done first, Raja Singh asked his son and the grand son to go ahead with demolition of the ridge and when the informant wanted to stop them appellant Raja Singh assaulted him with lathi causing injury on his left palm and wrist joint. It has been further stated that appellant Raja Singh asked his two sons Indralal Singh and Girja Singh to come with Garasi, whereupon appellant Indralal with Garasi and Girija Singh with iron rod came there and appellant Indralal Singh gave a Garasa blow causing injury on left side of his forehead and over head. It is further alleged that when the informant Ram Pravesh Singh fell down, appellant Sarband Singh and Laddu Singh assaulted him with lathi and appellant Girija Singh, assaulted him with rod. It is further alleged that when informants son Ravindra, Mahendra and Devendra arrived at the place of occurrence on alarm raise by the informant and went to rescue him. Appellants Sarba Nand Singh, Girija Singh and Laddu Singh assaulted them also with lathi and rod. It was claimed that Ramanand Singh (P.W. 2) and Bijendra Singh (P.W. 1) and other villagers who had arrived there, had witnessed the occurrence and save them. Appellants Sarba Nand Singh, Girija Singh and Laddu Singh assaulted them also with lathi and rod. It was claimed that Ramanand Singh (P.W. 2) and Bijendra Singh (P.W. 1) and other villagers who had arrived there, had witnessed the occurrence and save them. The fardbeyan of Ram Pravesh Singh (P.W. 4) was recorded at 8.30 a.m. on 29.1.1984 at Neora Hospital by A.S.I. Indradeo Singh (P.W. 7) and on the basis the fardbeyan was registered against the appellant. After completion of investigation charge-sheet was submitted and cognizance was taken. Thereafter the case was committed to the Court of Sessions and the trial concluded with the result as stated above. 3. The appellants have pleaded not guilty and have stated that they have been falsely implicated in this case at the instance of their enemies. 4. The prosecution to prove its case has examined altogether seven witnesses. P.W. 4, Ram Pravesh Singh is the informant. P.W. 3 is Ravindra Prasad Singh, P.W. 5 is Devendra Singh P.W. 1 is Bijendra Prasad Singh. P.W. 2 is Rama Nand Singh. P.W. 6 is Dr. B.N. Choudhary who has examined the injuries on the person of the informant and his two sons. P.W. 7, Indradeo Singh is the Investigating Officer. 5. The defence has also examined two witnesses. P.W. 1 Subhash Chandra Mishra is a formal witness who produced the injury register and P.W. 2 is the Dr. B.N. Jha who proved the injury report (Ext. A) and discharge slip (Ext. B) of appellant Raja Singh. 6. P.W. 4, Ram Pravesh Singh, the informant of this case, has stated that while he was returning after attending the call of nature on 29.1.1984 at about 6 to 6.30 a.m. he saw the appellant Raja Singh standing with lathi and appellant Sarba Nand Singh and Laddu Singh cutting the ridge of his field. He has further stated that he protested not to cut the ridge of his field, whereupon appellant Raja Singh assaulted him with lathi causing injury on his fingers and wrist joint. He has further stated that appellant Indra Lal Singh came with a Garasa and assaulted him at his head as a result of which he fell down and then appellant Girija Singh with iron rod on his nose and appellant Sarba Nand Singh and Laddu Singh also assaulted him with lathi. He has further stated that appellant Indra Lal Singh came with a Garasa and assaulted him at his head as a result of which he fell down and then appellant Girija Singh with iron rod on his nose and appellant Sarba Nand Singh and Laddu Singh also assaulted him with lathi. He has further stated that his three sons came there and they were also assaulted by the appellants and thereafter the appellants fled away. He has further stated that he was brought to Neora Hospital where he was treated and his fardbeyan (Ext. 1) was recorded by the Police. He has stated that he was in hospital for 20/21. days. Other witnesses P.Ws. 3, 4 and 5 have also supported the case as narrated by the informant in his fardbeyan. 7. P.W. 6 is Dr. B.N. Choudhary who examined Ram Pravesh Singh (P.W. 4) at 7.45 in Neora State Dispensary and found the following injuries on his person: (1) Incised 1" × 1/4" × 1/4" on the upper part of left eye brow. (2) Incised 21/2" × 1/2" × 1/2" on the left side of the occipital parietal region with profuse bleeding. (3) Lacerated 1/2" × 1/4" × 1/4" on the left side of nose (4) Swelling 1" × 1" on the dorsum of the palm of the left hand. (5) Swelling and abrasion 2" × 2" on the lower one third of the left fore-arm. (6) Swelling 1/2" x 1/2" on the dorsum of the ring finger of left hand. 8. P.W. 7 is the I.O. of this case. He has recorded the fardbeyan (Ext. 1) and proved the formal F.I.R. (Ext. 4). He has stated that he inspected the place of occurrence and found that the ridge was cut. 9. Learned Counsel appearing on behalf of the appellants has submitted that there was case and counter case. He has further submitted that one of the appellant, Raja"Singh, was also injured but the same has been suppressed as such the prosecution has not come out with clean hand. This submission was also raised before the Court below. However, the Court below in his judgment observed that the Counter Case No. 63(c)/84 was not for the same place of occurrence as such it was not for the same transaction. This submission was also raised before the Court below. However, the Court below in his judgment observed that the Counter Case No. 63(c)/84 was not for the same place of occurrence as such it was not for the same transaction. He has further submitted that appellant No. 2, Sarwa Nand Singh, is Government servant and Appellant No. 3, Girija Nand Singh is teacher therefore, it requires consideration. 10. From the deposition of the witnesses, it is evident that the prosecution has been able to prove the case beyond reasonable doubts and the Court below has rightly found the appellants guilty for the offence punishable under Sections 323 and 324 of the Indian Penal Code. However, the appellants have been released on Probation of Offenders Act and were directed to execute a bond of Rs. 2,000.00 with one surety under Sec. 360(1) of the Code of Criminal Procedure to appear and receive sentence when called upon within two yeas and in the meantime to keep the peace and be of good behavior. Since more than two years have already been elapsed, therefore, the impact of that order and judgment will have no adverse effect on their service. 11. I do not find any reason to interfere with the judgment and order passed by the Court below. Accordingly, this appeal is dismissed.