JUDGMENT :

ALOK KUMAR PANDEY, J.

1. Both the above stated appeals have been directed against the common judgment of conviction and order of sentence dated 12.02.2025 passed by learned District and Additional Sessions Judge-5, Siwan in Sessions Trial Case No. 165 of 2016, G.R. No. 2159 of 2014 arising out of Asawn P.S. Case No. 33 of 2014 whereby and whereunder appellants/Rina Devi and Geeta Devi in Cr. Appeal (SJ) No. 1132 of 2025 have been convicted for the offences punishable under Sections 147, 323 of the IPC and they have been extended the benefit of Section 3 of Probation of Offenders Act and have been released after due admonition. The Trial Court convicted the appellants/Rajkishore Yadav, Dhirendra Yadav @ Dhirendra Kumar Yadav and Balindar Yadav in Cr. Appeal (SJ) No. 1120 of 2025 for the offences under Sections 147 and 325 of the IPC and sentenced them to undergo S.I. for one year each under Section 147 of the IPC, S.I. for four years each and fine of Rs. 500/- each under Section 325 of the IPC. In default of payment of fine, they will further undergo additional imprisonment of three months each. Therefore, both these appeals are being disposed of by this common judgment.

2. The prosecution case, as stated by the informant, Vijay Kumar Yadav (PW-5), in brief, is that on 26.05.2014, agnate of the informant, namely, Rajkishore Yadav was digging plinth in joint property. The informant asked them not to dig the plinth without demarcation to which accused persons/ appellants did not agree and assaulted the informant's father by means of spade causing him severe injuries. It is further alleged that informant's mother/ Tulsi Devi and sister/ Vibha Kumari were also assaulted by the appellants by means of bricks due to which they sustained injury. It is further alleged that accused persons/ appellants assaulted the informant's brother/Arun Kumar by means of lathi due to which informant's brother sustained injury on the head. The informant stated that accused persons/appellants concertedly assaulted the informant and his family members causing them serious injuries and villagers took the injured persons to Sadar Hospital for treatment.

3. On the basis of written report of the informant/PW-5, Asawn P.S. Case No. 33 of 2014 dated 28.05.2014 was registered under Sections 147, 148, 341, 323, 324, 337 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against all the aforesaid appellants under Sections 147, 148, 341, 323, 325, 308, 337, 504 of the IPC. Thereafter, on 20.12.2014 the learned trial court took cognizance against all the appellants under the aforesaid sections. The case was committed to the court of sessions after following due procedure. The learned trial court framed charges against all the appellants under Sections 147, 148, 341, 323, 325, 308 of the IPC. Charges were read over and explained to the appellants to which they pleaded not guilty and claimed to be tried.

4. In order to bring home guilt of accused persons, prosecution has examined altogether seven witnesses. PW-1 Tulsi Devi (injured ), PW-2 Arun Kumar Yadav (injured ), PW-3 Ashok Choudhary, PW-4 Reena Devi, PW-5 Vijay Kumar Yadav (informant and injured), PW-6 Dr. Sanjay Kumar and PW-7 Surendra Rai (I.O. of the case). Prosecution has relied upon following documentary evidence on record:-

Ext. 1- Signature of informant on fardbeyan.

Ext. 2- Injury report of Vibha Kumari.

Ext. 2/1- Injury report of Arun Kumar.

Ext. 2/2-Injury report of Awadh Yadav

Ext. 2/3- Injury report of Vijay Kumar.

Ext. 2/4 - Injury report of Tulsi Devi.

Ext. 3- Supplementary injury report of Vibha Kumari.

Ext. 3/1- Supplementary injury report of Arun Kumar.

Ext. 3/2- Supplementary injury report of Awadh Yadav.

Ext. 3/3- Supplementary injury report of Vijay Kumar.

Ext. 3/4- Supplementary injury report of Tulsi Kumari.

Ext. 4- Complete FIR.

Ext. 4/1- Signature of SHO Kamlesh Kumar on pagination of FIR