PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard Mr. Abhas Chandra learned Amicus Curiae for the appellants and Mr. A. M. P Mehta learned APP for the State.

2. This appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C') against the Judgment of conviction and Order of sentence dated 17.11.2005 in Sessions Trial No. 231 of 1994 / 85 of 2003, arising out of Chenari P.S. Case No. 25 of 1993 corresponding to G.R. No. 486 of 1993 passed by the learned Additional Sessions Judge (Fast Track Court) No.- IIIrd, Rohats at Sasaram whereby and where-under the appellants have been convicted for the offence punishable under Sections 341 and 323/34 of the Indian Penal Code (hereinafter referred to as the 'IPC') and sentenced to under go rigorous imprisonment for four months and fine of Rs. 250/- for the offence punishable under Section 323 of the IPC and in default of payment of fine they have to undergo one month simple imprisonment and further sentenced to under one month simple imprisonment for the offence punishable under Section 341 of the IPC. Both the sentences shall run concurrently.

3. The prosecution case is based on the Fardbeyan of the informant is that on 09.04.1993 at 9 pm the informant Ram Chela Mistri was lying on the cot after returning from forest. Accused Maharajia Devi wife of Ghura Mistri started abusing Basmati Devi wife of the informant and in the meantime accused Gupteshwar Mistri, Gokhul Mistri, Shyam Sundar Mistri, Madhura Mistri, Dinesh Mistri all sons of Ghura Mistri came there and assaulted Basmati devi with slaps and fists. Informant fled towards lane out of fear, but his brother Ghura Mistri assaulted him with axe of his back and accused Gupteshwar Sharma assaulted him with lathi. The informant fell down and become unconscious. On hearing halla the witnesses Bachu Sharma, Mukha Sharma came there and brought him Chenari Hospital. The whole occurrence took place due to urinate on cow-dung.

4. On the basis of Fardbeyan of the informant, Chenari P. S. case no. 25 of 1993 was registered against above named accused persons along with one accused Ghura Mistri under Sections 341, 323, 324, 326 and 504/34 of the IPC. The Investigating Officer after completing the investigation submitted charge-sheet against above named accused persons under Sections 341, 323, 324, 307 and 504/34 of the IPC. The cognizance of the offence was accordingly taken and was committed to the Court of Sessions by the CJM Rohtas at Sasaram.

5. During the trial the prosecution has examined six witnesses to substantiate this case. Out of them, PW-1 Bachu Sharma, PW-2 Mukha Sharma, PW-3 Dr. Prem Narayan Singh, PW-4 Ramchela Sharma (informant), PW-5 Basmati Devi and PW-6 Raj Bhansh Sharma (Formal witness). Investigating Officer of the present case has not been examined in the present case.

6. PW-1 Bachu Sharma in his examination-inchief stated that the incident was about six and a quarter years back and at that time he came back from barn to his house and Ghura Sharma was lying down. He took him to hospital and doctor checked him in the hospital. In his cross-examination, he stated that police came in the hospital and he was not declare hostile.

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Disclaimer: Curated by HT Syndication.