Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.35 of 1995 (Against the Judgment and Order of conviction and sentence dated 25th March, 1995 passed by the 4th Additional Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 109 of 1990/46 of 1993) =========================================================== 1. Ram Lalit Rai, S/o Sitab Lal Rai 2. Raj Balam Rai, S/o Bilash Rai 3. Chanarik Rai, S/o Sitab Lal Rai 4. Dwarik Rai, S/o Sitab Lal Rai All residents of Village-Nayagaon, P.S. Desari, District-Vaishali .... .... Appellant/s Versus The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Abhay Kumar Shambhu For the Respondent/s : Mr. S.A. Ahmad, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL JUDGMENT Date: 04-05-2012 Mandhata Singh, J. Prosecution case initiated on fardbeyan of one Shivjee Rai, in brief, is that on 20.08.1989 at about 8.00 pm. informant’s son Chhabila Rai was sitting in side of Tea Stall of Janak Bhagat, in the meantime, accused-appellants came there. Of them, Ram Lalit Rai, Dwarik Rai and Chanarik Rai were armed with lathi or danda but accused-appellant, Raj Balam Rai was without weapon. They all assaulted his son by means of lathi and danda. His son received injury on his head and whole body. Accused-appellant, Raj Balam Rai flung his son and rest three witnesses assaulted him brutally. His son became unconscious. Reason behind the incident was altercation on the Patna High Court CR. APP (SJ) No.35 of 1995 dt.04-05-2012 2 point of coming on a boat from Diara. Raj Kumar Rai, Naga Rai, Kapileshwar Rai, Ram Chandra Rai, Ram Prit Rai and other are said eye witnesses of the incident. 2. Trial ended in conviction to all accused- appellants for the offence under [STATUTE] . and Ram Lalit Rai, Chanarik Rai and Dwarik Rai for the offence under [STATUTE] . also and accordingly, they have been sentenced also. 3. The learned counsel appearing for the appellants challenges the sentence only by referring that incident took place in the year 1989. Both the parties come from the same village. Conviction was recorded in the year 1995 and appeal now is taken for hearing in the year 2012. Appellants are the first offender, so are entitled for the benefit of under Section 3 of the Probation of Offenders Act. Though same is opposed on behalf of the learned A.P.P. but I agree with the submission advanced on behalf of the accused-appellants. 4. On the observations made above, evidence on record and circumstances of the case, this appeal is dismissed with modification on the point of sentence. Accordingly, Judgment of conviction passed by the 4th Addl. Sessions Judge, Vaishali at Hajipur in connection with Sessions Trial No. 109 of Patna High Court CR. APP (SJ) No.35 of 1995 dt.04-05-2012 3 1990/46 of 1993 is hereby affirmed and on the point of sentence accused-appellants are released after due admonition. They are discharged from the liability of their bail bonds also. 5. Office is directed to send the records along with a copy of this Judgment to the Trial Court. Patna High Court, 4th May, 2012 Shailendra/-N.A.F.R. (Mandhata Singh, J.)

Applicable IPC Section: 323

Statute Text:
Section 323 of the Indian Penal Code. Voluntarily causing hurt. Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.