PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 25:

None appears on behalf of the appellant. Heard learned Mr. Piyush Kumar Pandey, learned Amicus Curiae and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.

2. By this appeal, sole appellant/convicted accused Uday Mahton has challenged the judgment of conviction and order of sentence dated 04.02.2004 and 06.02.2004 respectively, passed by the Presiding Officer, Fast Track Court, No.III, Begusarai in Sessions Trial No. 249 of 1996 and 138 of 2004 arising out of Barauni P.S. Case No. 396 of 1995 by which the appellant was convicted for the offence under Sections 307 and section 341 of the Indian Penal Code. The appellant was sentenced to undergo rigorous imprisonment for five years for the charge of Section 307 of the Indian Penal code and rigorous imprisonment for six months for the charge under Section 341 of the Indian Penal Code. Both the sentences are directed to run concurrently.

3. The prosecution case is as follows :- The prosecution case based on the fardbeyan of one Jagdambi Yadav, recorded by the Sub-Inspector of Beerpur Police Station on 04.12.1995 at about 6:30 P.M. It has been stated therein that on the same day at about 2:00 P.M., the informant's daughter, Bindu Kumari, was teaching around 16 to 17 children under the literacy campaign at the door of their house. In the meantime, accused Usha Devi and Bhatni Devi threw lumps of soil (dhela) at Bindu Kumari and the children and taunted her by calling her "Masterni". When the informant protested, accused Uday Mahton brought a bhala and assaulted Bindu Kumari on her thigh with the blunt portion of the same, as a result of which she fell unconscious. When the informant rushed to save his daughter, accused Uday Mahton, with an intention to kill him, hurled the bhala at his head, causing him head injury. The informant, however, managed to catch hold of Uday Mahton. Thereafter, Ramdeo Mahton, Baso Mahton, Laldhari Mahton, Binod Mahton, and Rajesh Mahton, all armed with lathi and danda, arrived and brutally assaulted the informant and his wife. It is further alleged that accused Sushila Devi, Shyama Devi, and the wife of Saudagar Mahton caught hold of the hair of Bindu Kumari and assaulted her with fists and kicks. The accused persons also assaulted the wife of the informant. The informant has further alleged that being the only person of the Yadav community in the locality, the accused persons intend to oust him by dismantling his house. On the basis of the aforesaid fardbeyan, a formal F.I.R. was instituted against the accused persons under Sections 147, 341, 323, 324, and 307 of the Indian Penal Code.

4. After due investigation, charge-sheet was submitted under Sections 341 and 307/34 of the Indian Penal Code, and cognizance was taken accordingly. Thereafter, trial commenced. In total, six prosecution witnesses were examined. Exhibit-1 is the signature of PW-3 on the Fardbeyan, Exhibit-2 is the Fardbeyan, Exhibit-3 is the FIR, and Exhibits 4 to 4/2 are the three injury reports marked on behalf of the prosecution.

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