IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1446 of 2025 Arising Out of PS. Case No.-364 Year-2022 Thana- ITARHI District- Buxar ======================================================

1. Ravindra Tiwari @ Ravindra Nath Tiwari S/o Jagdish Tiwari R/o Vill.-

Bairee, P.S.- Itadhi, Distt.- Buxar

2. Bullu Tiwari S/o Rajnarayan Tiwari R/o Vill.- Bairee, P.S.- Itadhi, Distt.-

Buxar ... ... Appellants Versus The State of Bihar ... ... Respondent ======================================================

Appearance :

For the Appellant/s : Mr. Ravi Shankar Pathak, Advocate Mr. Ashwani Kumar, Amicus Curiae For the Respondent/s : Mr. Zeyaul Hoda, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL JUDGMENT

Date : 18-11-2025 Heard learned Amicus Curiae as also the learned counsel appearing for the appellants and learned A.P.P. for the State.

2. The present appeal is directed against the judgment of conviction dated 20.03.2025 and order of sentence dated 21.03.2025 passed by the learned District & Additional Sessions Judge-III-cum-Special Judge M.P./M.L.A., Buxar in S. Tr. No. 116 of 2023, C.I.S. No. 116 of 2023, arising out of Itarhi P.S. Case No. 364 of 2022, whereby and whereunder the concerned Court has convicted the appellants for the offence punishable under Section 325/34 of I.P.C. and awarded the sentence of R.I. for three years and fine of Rs. 10,000/- (Ten Thousand) each. In default of payment of fine they have been directed to undergo further S.I. for three months and the period undergone by the appellants in custody shall be set off.

3. Prosecution story, in brief, is that on 24.12.2022 at about 5:30 AM, informant Shriman Narayan Tiwari proceeded towards Kali Mandir to see the wheat field. Meanwhile, appellants and other co-accused hid themselves behind the straw. When the informant reached there, appellants and others, armed with Iron rod, hockey stick, bamboo stick and Iron chain surrounded him and started assaulting him. The appellant No. 2/Bullu Tiwari assaulted the informant with Iron rod on his legs, waist and right arm and appellant No. 1/ Ravindra Tiwari is said to be the order giver. Co-accused Brij Kishore Tiwari wrapped the iron chain around the neck of informant and started dragging him. It is further alleged that co- accused Pawan Tiwari assaulted the informant with bamboo stick. It is alleged that both legs of the informant got fractured below the knee. During the said incident, the accused persons also snatched chain weighing 1 bhar from the neck of the informant and took out Rs. 7000/- from his pocket. 4. On the basis of written statement of the informant, Itarhi P.S. Case No. 364 of 2022 was registered under Sections 341, 323, 325, 307, 379, 504, 506, 147, 149 of I.P.C. Routine investigation followed. Statement of witnesses came to be recorded and charge sheet has been submitted against the appellants under Sections 149, 323, 341, 325, 307, 504, 506 of I.P.C. whereas investigation in respect of other accused continued and cognizance was taken under Sections 147, 149, 323, 341, 325, 307, 504, 506 of the IPC. Thereafter, the case was committed to the court of sessions after following due procedure. The learned trial court framed charges against the appellants under Sections 307/149, 147, 323, 341, 325, 504, 506 of I.P.C. Charges were read over and explained to the appellants to which they pleaded not guilty and claimed to be tried.

5. In order to bring home guilt of the accused persons, prosecution has examined all together six witnesses- P.W. 1, Deomuni Gond, P.W. 2, Vijay Shankar Tiwari, P.W. 3, Rakesh Raj, P.W. 4, Shyam Sundar Tiwari, P.W. 5, Sriman Narayan Tiwari (Informant) and P.W. 6, Rikesh Kumar Singh/I.O.

6. Prosecution has relied upon following documentary evidence on record:-

Ext-P/1- Primary injury report Ext-P1/1- Supplementary injury report Ext-P/2- Signature of Dr. Raj Kishore on the report of the informant Sriman Narayan Tiwari, Ext-