PATNA, India, Feb. 17 -- Patna High Court issued the following judgment on Jan 16:

1. The present appeal under Section 374(2) read with Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been referred against the judgment and order of conviction and sentence dated 21.05.2003 passed by the learned court of the Presiding Officer, Fast Track Court No. 1, Saran at Chapra in Sessions Trial No. 217 of 1988, whereby and whereunder the appellant, Sarvdeo Giri has been convicted under Sections 326 read with 34 of the Indian Penal Code (hereinafter referred to as the 'IPC') while appellant Lal Babu Giri has been convicted under Section 326 of the IPC and both have been sentenced to undergo RI for five years each.

2. The short facts of the case, as per the first information report, based on the fardbeyan of Baban Giri, P.W. 6, recorded on 14.02.1987 at 15:00 hours is that on 12.02.1987, his younger brother Krishna Giri (P.W.-1)and his nephew Birmanyu Giri were irrigating their wheat field from the canal water. At about 1:00 PM, when the informant went to the field to supervise the irrigation, he saw that the accused persons Kripal Giri, Sarvdeo Giri and Lal Babu Giri were already present and upon objection raised by them with regard to the irrigation of his field, a verbal altercation ensued between them. Accused Kripal Giri while exhorting to assault the informant inflicted a spade blow upon him hitting his right thumb as he tried to ward off the said blow by his hand. While the informant was trying to flee away, the accused Jairam Giri caught hold of him and accused Lal Babu Giri inflicted a spade blow on his head causing injury and after he fell down, accused Sarvdeo Giri assaulted on his back and his waist by means of Pash of spade and accused Lal Babu Giri hit on his right shoulder from the back side of the spade leading to injury. It has further been alleged that on alarm being raised by the informant, Uday Narayan Giri, Bhupeshwar Giri (P.W.4), Fulena Raut, Bharat Giri (P.W.2) came to the place of occurrence and saved him from further assault. The reason for this occurrence is said to be an old enmity between the parties with regard to land. The informant was thereafter brought to the hospital for treatment and subsequently, on recovery the present fardbeyan was recorded.

3. On the basis of the above-mentioned fardbeyan, Baniyapur P.S. Case No. 15 of 1987 was instituted initially under Sections 341, 323, 325/34 of the IPC and subsequently Section 307 of the IPC was also added vide order dated 05.03.1987. After investigation, charge-sheet was submitted under Sections 307, 325, 342, 323/34 of the IPC on 22.05.1987 against the accused persons, cognizance was taken and the case was committed to the court of Sessions being numbered as Sessions Trial No. 217 of 1988 whereafter the charges were framed by the learned Trial Court against accused Lal Babu Giri under Section 307 of the IPC on 03.10.1994 and against accused Kripal Giri, Sarvdeo Giri and Jairam Giri jointly, under Sections 342 of the IPC as also under Section 307/34 of the IPC on 22.05.1987. On account of the death of appellant Kripal Giri and Jairam Giri their appeals stood abated and the present hearing of the appeal is confined to appellants Sarvdeo Giri and Lal Babu Giri. It is also clarified that there was no charge-sheet against appellant Lal Babu Giri and he was summoned as an accused under Section 319 Cr.P.C., as such, charges against him were framed separately.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MjQjMzA4IzIwMDMjMSNO-8vMZqaHOB6Q=)

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