CHANDRIKA SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Since nobody appears on behalf of the appellants on repeated calls to argue this appeal, Mr. Arun Kumar Tripathi, Advocate has been appointed as amicus curiae to assist this Court.

(2.) Both the appellants have been convicted under Sections 325/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years by judgment and order dated 28.1.2003 passed by Sri Uma Kant Srivastava, the then 7th Additional Sessions Judge, Saran, Chapra in Sessions Trial No. 302 of 1996. It further appears that one of the co-accused Shyama Devi has been acquitted from the charge leveled against her.

(3.) Prosecution case as per the fardbeyan of Lalti Devi (PW 5) in short, is that on 16.1.1995 at about 12 hours in the noon she-goat of appellant Chandrika Singh was grazing the plant in her field and she tried to disperse the she-goat and in the meantime appellant Chandrika Singh came there armed with lathi and started assaulting her on her legs, back, breasts, etc. and wife of Chandrika Singh hurled bricks on her and on alarm being raised by her, her father-in-law Shiv Prasad Singh arrived there to rescue her and then the appellants Chandrika Singh, Shiv Nandan Singh and wife of Chandrika Singh, Shyama Devi, assaulted him also. Further prosecution case is that witnesses Narendra Pandey, Inarmal Singh, Jai Prakash Pandey, Raghu Nath Singh, etc. arrived there and informant was taken to hospital along with her father-in-law, where they were treated and her statement was recorded.