ADITYA KUMAR TRIVEDI, J.:–Appellants Bipin Kumar, Lalan Kumar, Parwati Devi have been found guilty for an offence punishable under Section 325/34 IPC and each one has been directed to undergo R.I. for three years, under Section 323/34 IPC and each one has been sentenced to undergo R.I. for six months, 341/34 IPC and each one has been sentenced to undergo S.I. for one month with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 25.05.2015 passed by Third Additional Sessions Judge, Banka in Sessions Trial No.113/2012.

2. PW.6, Sunaina Devi filed written report on 11.03.2011 alleging inter alia that on the same day at about 02:00 PM her son Rahul Kumar, aged about 10 years had gone to ease himself during midst of way Bipin Kumar caught hold him and scolded on the pretext that he has come to uproot the gram plant. He threw him over the ground as a result of which her son began to cry attracting herself who, forbidden Bipin. Over this, Bipin Kumar, Lalan Kumar and Parwati Devi began to abuse and further, inflicted lathi blow over her head with an intention to kill as a result of which she sustained injuries over her head, waist, hand. On hue and cry villagers came whereupon, accused persons fled away.

3. On the basis of the aforesaid written report Bounsi P.S. Case No.23/2011 was registered followed with an investigation, submission of charge sheet paving the way for trial which ultimately concluded in a manner, subject matter of instant appeal.

4. Defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. It has further been suggested to the informant PW.6 that she had sustained fracture on account of fall at her house. However, neither ocular nor documentary evidence has been adduced on behalf of appellant.

5. In order to substantiate its case prosecution had examined altogether seven PWs, PW.1-Ravindra Jha, PW.2-Amit Sah, PW.3-Punam Devi, PW.4-Himanshu Shekhar Jha @ Himanshu Jha, PW.5-Dr. Mritunjay Prasad Singh, PW.6-Sunaina Devi and PW.7-Raj Kapur Kushawaha as well as also exhibited Ext.1 Series-Injury report/supplementary injury report, Ext.2-Formal FIR, Ext.3-Endorsement over written report. As stated above, neither ocular nor documentary evidence adduced on behalf of appellant.

6. PW.5 is the doctor who had examined Sunaina Devi on 11.03.2011 itself while he was posted at Referral Hospital, Bounsi as Medical Officer and found the following injuries:—

(i) A lacerated wound on occipital region of scalp of dimension 4” x skin deep.

(ii) A diffused swelling of left hand and forearm.

Injury No.1 has been found simple in nature while, with regard to Injury No.2, opinion was reserved and the patient was referred to J.L.N.M.C.H, Bhagalpur where she was x-rayed, treated and as per report, supplementary injury report was issued by him showing fracture of shaft of left Ulana whereupon, found grievous caused by hard and blunt substance. During cross-examination, nothing substantial has been elicited from the witness save and except that these injuries could be caused on fall over hard substance.

Therefore, presence of injury over the person of informant Sunaina Devi is not at all found duly challenged.

7. PW.6 is the Sunaina Devi, injured herself. She had stated that on the alleged date and time of occurrence, she was at her house. Her son Rahul Kumar had gone to Bahiyar to ease himself along with Nandlal Kumar at the field of Manoj Yadav and at that very moment, Nanadlal Kumar had plucked gram from the field of Bipin Mandal whereupon, Bipin Mandal abused. He was joined by Lalan Kumar and Parwati Devi. They have not said anything to Nandlal but her son. Then thereafter, Bipin threw her son Rahul on the ground twice, thrice as a result of which, he sustained hurt. He became unconscious. She scolded Bipin why he has assaulted her son whereupon, he gave lathi blow over her leg as a result of which, she fell

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