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2012 DIGILAW 94 (PAT)

Faguni Rai v. State of Bihar

2012-01-16

MANDHATA SINGH

body2012
Mandhata Singh, J. – Shortly stated prosecution case is that on the day of occurrence there appeared some altercation on the point of raising a ‘Tati’ of bamboo in between the lane of the parties’ house. It is said that all the accused-appellants variously armed with Lathi, Bhala, Gadasa and Farsa assaulted the informant and others. All the appellants faced trial which ended in their conviction for the offence under Section 324 read with Section 149 of the Indian Penal Code. Appellant Nos.2 to 5 are further convicted for the offence under Section 148 of the I.P.C. and rest under Section 147 of the I.P.C. basing the statement of witnesses examined in the case as PWs-1 to 7 they are PW-1 Ram Bahal Rai, PW-2 Vishwanath Rai, PW-3 Sita Ram Rai, PW-4 Parmanand Rai, PW-5 Triyug Rai, PW-6 Pawan Kumar Singh and PW-7 Suresh Prasad. 2. Their further discussion is not needed in the case as conviction is not challenged in the case rather period of sentence only is submitted to be observed the period undergone by accused-appellants. The ground for such sympathy is submitted that for the occurrence of the same day a case was lodged against informant party by the accused party which also ended in conviction and sentence to all for the offences of this case. Appeal of that case bearing 236 of 1999 decided by this Court on 4.1.1999, incident is of the year 1983. Doctor and Investigating Officer of the case are not examined. 3. Under the discussed suggested circumstance, I also agree with the submission of learned counsel for the appellants that their (appellants’) period of sentence may be minimized to the period undergone by them in course of trial. 4. On the observation made above and circumstance of the case, the appeal is dismissed. The Judgment and Order of conviction dated 28.8.1999 is affirmed with modification on the point of sentence that the period undergone by the accused-appellants is observed sufficient towards their punishment. The appellants are discharged from the liabilities of their bail bonds. 5. A copy of the judgment along with lower Court records be sent back to the trial Court forthwith.