- (1.) ALL the appellants stand convicted for the offence punishable under sections 147 and 323 of the Indian Penal code and sentenced to serve rigorous imprisonment for one year on each count, by the 5th Additional Sessions Judge. Giridih in Sessions Trial No. 1 of 1995.
(2.) BRIEF facts leading to this appeal are that 23. 9. 1992. informant Dwarika Yadav while moving around his fields, found all the appellants making drain his field situated in Mauza-Govinddih to irrigate there own paddy fields. According to the informant, he protested, on which the appellants abused and assaulted him variously. The informant raised alarms on which other witnesses arrived but they were also assaulted resulting in severe injuries.
(3.) THE injured persons were removed to birni Hospital for their treatments where a. S. I. , Rajaram Singh, O/c Birni Police recorded the statement of informant at 12. 00 noon. Birni Police Station Case No. 101 of 1992 under Sections 147, 148, 149, 323 and 307 of the Indian Penal Code was registered against five persons. The injured were referred for medical examination and finally submitted charge-sheet against the appellants under Sections 147, 323 and 325 of the indian Penal Code. However, during framing of charge by the Judicial Magistrate, 1st class, Giridih, the case was committed to the Court of Sessions as offence under Section 307 of the Indian Penal Code was made out. Accordingly, the learned trial Court charged the appellants under Sections 307, 323 and 149 of the Indian Penal Code. The appellants pleaded not guilty and claimed that for the same occurrence, a counter case was lodged vide Birni Police Station Case no. 100 of 1992 by which the informant side was facing trial under Section 307 of the indian Penal Code. The learned trial Court after considering the evidence on record found and hold the appellants guilty under sections 323 and 149 of the Indian Penal code only and sentenced them to serve rigorous imprisonment for one year on each count.;