ORAL JUDGMENT

Date: 05-02-2018

Since nobody has appeared on behalf of the appellants and this case appears to be of the year 2003, I deem it appropriate to appoint Mr. Baban Roy as Amicus Curiae to assist the Court.

2. Challenge in this appeal is of judgment of conviction and order of sentence dated 19.12.2002, passed by Shri Anand Prasad Shrivastava, the then Adhoc District & Sessions Judge, Presiding Officer First Additional Fast Track Court, Siwan in Sessions Trial No. 222/83/33/2001, by which appellant Ramashankar Singh @ Tuntun was held guilty under Section 148 and 326 of the Indian Penal Code (hereinafter referred to as the “IPC”) and was sentenced to undergo R.I. for two years under Section 148 of the IPC and R.I. for three years under Section 326 of the IPC with a fine of Rs. 2,000/- having default clause. Appellant Hareshwar Singh was held guilty under Section 148 and 324 of the IPC and was sentenced to undergo R.I. for two years under each Section. Appellant Devendra Singh was convicted under Section 147 and 323 of the IPC and was sentenced to undergo R.I. for one year under each Section. By the said Judgment the trial court also convicted one co- accused – Nag Narayan Singh, however, he was released on due admonition under the provisions of Section 360 of the IPC and he has not preferred any appeal.

3. Prosecution case as per the fardbeyan of informant Ravindra Singh (P.W. 6) in short is that on 17.01.1982 at about 10. A.M., while he was getting the branches of dried tree cut in his orchard field with two laboureres, namely, Bakridan Mian (P.W. 1) and Sahabuddin Mian (P.W. 5), where his father Sudhist Narain Singh (P.W. 4) was also there, all the appellants and other co-accused came there variously armed and co-accused Sheo Mangal Singh told that after the decree passed in the partition suit you all have become jubilant and gave a bhala blow on the thigh of P.W. 4, appellant Ramashankar Singh @ Tuntun Singh gave a farsa blow on the head of P.W. 4 and all the remaining co-accused and appellant Devendra Singh assaulted P.W. 4 by lathi. Thereafter, P.W. 4 fell down on the ground.

Further prosecution case is that appellant Ramashankar Singh @ Tuntun Singh assaulted the informant (P.W. 6) by means of farsa on his head and appellant Devendra Singh and other co-accused assaulted him by means of lathi on his left hand and back. On hulla cousin of informant, namely, Sudheswar Singh (P.W. 7) came to intervene, co- accused Sheo Mangal Singh inflicted a bhala blow in his stomach and appellant Hareshwar Singh assaulted him by means of bhala in his left thigh, thereafter he fell down. On hulla villagers, namely, Birendra Singh (P.W. 2) and Kameshwar Singh (P.W. 3) came there. It is also alleged that Upendra Kumar Singh (P.W. 8), younger brother of informant told him that the palanis and one khop were set on fire by the accused person. On the basis of the aforesaid fardbeyan Daroundha P.S. Case No. 13 of 192 was registered against the appellants and other accused persons under Sections 147, 148, 149, 323, 324 and 436 of the IPC. 4. Police after investigation submitted charge-sheet against the F.I.R named accused persons and the case was committed to the court of Sessions, which ultimately came to the file of Shri Anand Prasad Shrivastava, the then Adhoc District & Sessions Judge, Presiding Officer First Additional Fast Track Court, Siwan for trial and disposal.

5. To bring home the charge, prosecution has examined altogether 12 witnesses. They are:-P.W. 1 – Bakridan Mian, claimed to be eye witness of the occurrence, P.W. 2- Birendra Kumar Singh, claimed to be eye witness of the occurrence, P.W. 3- Kameshwar Singh, claimed to be eye witness of the occurrence, P.W. 4- Sudhist Narain Singh (injured), P.W. 5 – Sahabuddin Mian, claimed to be eye witness of the occurrence, P.W. 6 - Rabindra Singh (informant and injured), P.W. 7 – Sudeshwar Singh (injured), P.W. 8 – Upendra Kumar Singh, claimed to be eye witness with respect to setting the pal