Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.832 of 2006 ========================================================== Jay Shankar Shukla son of Babli Shukla, resident of village-Chhotka Jhankaich, P.S.-Krishna Barhon (Simri), District- Buxar. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s with Criminal Appeal (SJ) No. 748 of 2006 ========================================================== 1.Daya Shankar Shukla son of Babuli Shukla @ Babli Shukla 2.Babuli Shukla @ Babli Shukla son of late Ramchij Sukla Both are resident of village-Chhotka Jhankaich, P.S.-Krishna Barhon (Simri), District-Buxar. .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s ========================================================== Both the above appeals are against the judgment of conviction and order of sentence dated 18.8.2006 passed by Sri Shatrughan Sharma, Additional District and Sessions Judge, F.T.C.-IV, Buxar in Sessions Trial No.30 of 1997. ========================================================= Appearance : (In CR. APP (SJ) No. 832 of 2006) For the Appellant/s : M/s Jagdish Prasad, Anirudh Mishra, Ashok Kumar Verma, Advocates (In CR. APP (SJ) No. 748 of 2006) For the Appellant/s : Mr. Rakesh Kumar Sinha For the Respondent/s : (in both the appeals) Mr. Ajay Mishra, A.P.P. ========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH C.A.V.Judgment Date: 06-07-2012 1. Heard Mr. Jagdish Prasad, learned counsel appearing on behalf of the sole appellant in Cr.Appeal (SJ) No. 832 of 2006, Mr. Rakesh Kumar Sinha, learned counsel appearing on behalf of the appellants in Cr. Appeal (SJ) No.748 of 2006 and Mr. Ajay Mishra, learned Additional Public Patna High Court CR. APP (SJ) No.832 of 2006 2 Prosecutor on behalf of the State. 2. Cr. Appeal (SJ) No.748 of 2006 has been filed by Daya Shankar Shukla and Babuli Shukla @ Babli Shukla whereas Cr. Appeal (SJ) No.832 of 2006 has been filed by Jay Shankar Shukla. Both the appeals have been preferred against the judgment and order dated 18.8.2006 passed by the learned Additional District and Sessions Judge, F.T.C.-IV, Buxar in Sessions Trial No. 30 of 1997. The appellants of Cr. Appeal (SJ) No.748 of 2006, namely, Daya Shankar Shukla and Babuli Shukla @ Babli Shukla have been convicted under [STATUTE] and sentenced to undergo rigorous imprisonment for ten years, whereas, the sole appellant of Cr. Appeal (SJ) No.832 of 2006, Jay Shankar Shukla, has been convicted under [STATUTE] and sentenced to undergo rigorous imprisonment for ten years. Appellants of both the appeals have further been convicted under [STATUTE] and sentenced to undergo simple imprisonment for six months. The sentences have been ordered to run concurrently. 3. Initially, in the first information report, apart from the three appellants, named above, one Yadu Shukla was also made accused. However, in course of trial, Yadu Shukla died and, thus, the trial against him abated. 4. The appellants, together with co-accused Yadu Shukla, Patna High Court CR. APP (SJ) No.832 of 2006 3 who died in course of trial, were charged under [STATUTE] for intentionally and knowingly causing the death of Bipin Bihari Shukla in furtherance of common intention. They all were further charged under [STATUTE] for causing injury to the informant Sanjay Shukla in furtherance of common intention. The deceased accused Jadu Shukla was separately charged under [STATUTE] for causing murderous attack on Sanjay Shukla. The appellant Jay Shankar Shukla was separately charged under [STATUTE] for causing death of Bipin Bihari Shukla. The appellant Babuli Shukla has further been separately charged under [STATUTE] for causing voluntary hurt to Asha Kumari. 5. The prosecution case is based on the fardbeyan of Sanjay Shukla which was recorded on 17.4.1996 at 6 p.m. at Krishna Brahm Police Station by the Sub.Inspector-cum-Officer Incharge of the said police station relating to an incident which took place on the same day at 5 p.m. It has been alleged that on the date and time of occurrence, while the informant was busy in collecting wheat at the roof of his house, his agnates Babli Shukla and Yadu Shukla started abusing him. The informant protested and came down from his roof. When he came near his door he found the appellants Jai Shankar Shukla and Daya Shankar Shukla, both sons of Babli Shukla, being armed with Lathi, present there. It has further been alleged that at the instance of Babli Shukla, his son Daya Shankar Shukla, assaulted the informant with Patna High Court CR. APP (SJ) No.832 of 2006 4 Lathi aiming at his head, but, the informant while trying to protect himself, raised his right hand and the Lathi hurled by Daya Shankar Shukla hit him on his fingers causing bleeding injury. Thereafter, the accused Yadu Shukla assaulted him with Lathi which hit him on his head as a result of which he fell down. Accused Daya Shankar Shukla and Jay Shankar Shukla then caught hold of the informant. The informant, thereafter, started crying. At this point of time, the informant’s father Bipin Bihari Shukla came out and enquired as to why his son was being assaulted. 6. It has further been alleged by the informant that the accused Babli Shukla exhorted and at the instance of Babli Shukla his son Jai Shankar Shukla assaulted Bipin Bihari Shukla with Lathi on his head which caused fracture injury as a result of which he became unconscious and fell down and thereafter, the accused Daya Shankar Shukla and Babli Shukla, repeatedly assaulted him with Lathi causing injury upon his legs and back. 7. The informant has further alleged that in the meantime his younger sister Asha Kumari came crying at the place of occurrence. The a

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.