Case Facts:
Patna High Court CR. APP (DB) No.14 of 1989 dt.13-01-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.14 of 1989 With Criminal Appeal (DB) No.40 of 1989 Against the judgment of conviction and order of sentence dated 02.12.1988 passed by Sri Abinashi Sharan Lall,2nd Additional Sessions Judge,Saran at Chapra in Sessions Trial No. 177 of 1983/86 of 1988. --------- 1. Laloo Roy son of Late Siri Prasad, resident of village Rampur-Jagdish, P.S.Dariyapur, District Saran 2. Mahesh Roy son of Mistri Roy 3. Munshi Roy 4. Bishwanath Roy, both sons of Gulab Roy 5. Paltu Roy son of Mauji Roy 6. Ragho Roy son of Bujhawan Roy All are residents of village Bhagwanpur, P.S.Dariyapur, District Saran ... .... Appellants (in Cr.Appeal(DB)No.14 of 1989) 1. Ramreet Roy 2. Sanchit Roy, both are sons of Dyali Roy, residents of village Bhagwanpur, P.S.Dariyapur, District Saran ... Appellants (in Cr.Appeal(DB)No.40 of 1989) Versus The State of Bihar .. .. .. Respondents (in both the above appeals) =============================================== For the appellants : Mr.Arun Kumar Tripathi, Advocate, Amicus Curiae For the respondent : Ms.Shashi Bala Verma,APP ================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA AND HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA) ------- Both the above appeals have been filed by Patna High Court CR. APP (DB) No.14 of 1989 dt.13-01-2012 2 the appellants named above against the judgment of conviction and order of sentence dated 02.12.1988 passed by 2nd Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 177 of 1983/86 of 1988 by which all the appellants namely, Laloo Roy, Mahesh Roy, Munshi Roy, Bishwanath Roy, Paltu Roy, Ragho Roy (Cr.Appeal (DB) No. 14 of 1989),Ramreet Roy and Sanchit Roy (Cr.Appeal (DB) No. 40 of 1989) have been convicted under [STATUTE] and have been sentenced to undergo rigorous imprisonment for life. Appellants Ramreet Roy and Sanchit Roy have further been convicted under [STATUTE] and have been further sentenced to undergo rigorous imprisonment for life. Appellant Paltu Roy has further been convicted under [STATUTE] and has been sentenced to undergo rigorous imprisonment for two years. The sentences of appellants Ramreet Roy, Sanchit Roy and Paltu Roy have been ordered to run concurrently. 2. On 30th June, 1978 two of the accused- appellants namely Laloo Roy and Paltu Roy were Patna High Court CR. APP (DB) No.14 of 1989 dt.13-01-2012 3 ploughing the field bearing Plot No. 416 having an area of 9 kathas 3 dhurs. The informant (P.W.6) reached at the field along with the deceased and others and forbade Laloo Roy and Paltu Roy against ploughing and they informed them that the delivery of possession of the land has been taken by them. Laloo Roy got infuriated and shouted and called upon the group members who were hidden themselves in the orchard of Singhasan Roy. Accused persons namely, Mahesh Roy, Ragho Roy, Sanchit Roy, Munshi Roy, Bishwanath Roy and Ramreet Roy who were carrying traditional weapons came. Paltu Roy was having Bhala and Laloo Roy was having Farsa, Munshi Roy, Bishwanath Roy and Ragho Roy were having lathis, Paltu Roy, Ramreet Roy and Sanchit Roy were having Bhalas. Laloo Roy assaulted the informant with Farsa and Paltu Roy gave a bhala blow upon the palm of the informant. Ragho Roy and Munshi Roy gave lathi blows. After seeing injuries upon the informant, Ramayan Roy and Nayak Roy started escaping towards north east but they were chased by the accused persons and after some distance they were encircled Patna High Court CR. APP (DB) No.14 of 1989 dt.13-01-2012 4 and Ramayan Roy was assaulted in the field of Mathura Roy by Sanchit by Bhala upon panjra and after receiving injury, he fell down on the earth after covering some distance. Ramreet Roy gave bhala blow to Nayak Roy who sustained injury and after covering some distance he fell down in the field of Chandrika Roy. The accused persons escaped and thereafter the informant was carried to Dariyapur Government Hospital by Chandeshwar Roy (not examined) by motorcycle. The informant knew about the death of Ramayan Roy and Nayak Roy. The occurrence was witnessed by Ram Asharfi Roy (P.W.7), Rama Roy (P.W.4), Ram Sakal Roy (P.W.5), Ram Naresh Roy (not examined) and others. The fardbeyan was witnessed by Sipahi Roy and Jai Mangal Roy (both not examined). The fardbeyan resulted into formal F.I.R. against eight named accused persons vide Dariyapur P.S.Case No. 10(6)1978 (G.R.Case No. 1290 of 1978). The allegations were investigated into and after completion of investigation chargesheet was submitted. Cognizance was taken and the case was committed to the court of Sessions where charges Patna High Court CR. APP (DB) No.14 of 1989 dt.13-01-2012 5 were framed and explained to the accused persons. They pleaded innocence and preferred to face the trial. Their further defence was that the prosecution party were aggressors and actual version of assault has been concealed. 3. In order to prove its case the prosecution examined altogether sixteen witnesses. They are : P.W.1 Ramashankar Paswan, P.W.2 Sheo Pujan Rai, P.W.3 Ramjee Prasad, P.W.4 Rama Roy, F.I.R. named eye witness P.W.5 Ram Sakal Rai, F.I.R.named eye witness, P.W.6 Ramjee Prasad Roy, informant of the case, P.W.7 Ram Asharafi Roy, F.I.R.named eye witness, P.W.8 Dr.Gauri Shankar Pd.Sinha who was posted as Civil Assistant Surgeon in Sadar Hospital, Chapra on 01.07.1978 and conducted post mortem over the dead body of deceased Nayak Roy, P.W.9 Dr.N.K.P.Sinha who was also posted as Civil Assistant Surgeon in Sadar Hospital, Chapra on 01.07.1978 and conducted post mortem over the dead body of deceased Narayan Roy, P.W.10 Ram Swaroop Singh, P.W.11 Dr.Rajendra Prasad Singh who was posted as Medical Officer, Dariyapur State Patna High Court

Applicable IPC Section: 324

Statute Text:
Section 324 of the Indian Penal Code. Voluntarily causing hurt by dangerous weapons or means. Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.