Case Facts:
Criminal Appeal (DB) No 580 of 2002 =========================================================== Shambhu Yadav .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s WITH Criminal Appeal (DB) No 561 of 2002 =========================================================== Sarju Yadav @ Saryug Yadav & Anr .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s WITH Criminal Appeal (DB) No 593 of 2002 =========================================================== Amir Chand Mahto & Ors .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s WITH Criminal Appeal (DB) No 603 of 2002 =========================================================== Shivdayal Yadav & Ors .... .... Appellant/s Versus State Of Bihar .... .... Respondent/s =========================================================== Appearance : (In CR APP (DB) No 580 of 2002) For the Appellant/s : Mr Shivendra Prasad Mr Arun Kumar Pandey-1 Mr Binod Kumar Mr R Ranjan Mr Rajesh Singh Mr A K Pandey Mr Hemant Pd Singh Mr Kinkar Kumar Mr Ram Naresh Singh Mr Sanjay Kumar @ Manu For the Respondent/s : Mr Ashwani Kumar Sinha (In CR APP (DB) No 561 of 2002) For the Appellant/s : Mr Binod Kumar Mr Shivendra Prasad Patna High Court CR. APP (DB) No.580 of 2002 dt.17-02-2012 2/12 For the Respondent/s : Mr Ashwani Kumar Sinha (In CR APP (DB) No 593 of 2002) For the Appellant/s : Mr Sheo Murti Singh Mr Ambuj Nayan Chaubey Mr Manoranjan Kumar For the Respondent/s : Mr Ashwani Kumar Sinha (In CR APP (DB) No 603 of 2002) For the Appellant/s : Mr Lakshmi Kant Sharma Mr Shivendra Prasad For the Respondent/s : Mr Ashwani Kumar Sinha =========================================================== CORAM: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH AND HONOURABLE MR JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 17-02-2012 1. These four appeals arise out of Sessions Trial No 76 of 1996 in which trial the ten appellants of the respective appeals have been convicted for various offences and sentenced to life imprisonment by judgment dated 05th August, 2002 and sentence dated 08.08.2002 by the Additional Sessions Judge I, Bhojpur at Ara. 2. In Criminal Appeal No 561 of 2002, the appellants are Sarju Yadav @ Saryug Yadav and Baban Yadav. In Criminal Appeal No 593 of 2002, the appellants are Amir Chand Mahto, Ram Singasan Yadav and Ram Chandra Yadav. In Criminal Appeal No 603 of 2002 the appellants are Shiv Dayal Yadav, Chandeshwar Yadav, Parmanand Yadav and Chandrika Yadav. In Criminal Appeal No 580 of 2002, the sole appellant is Shambhu Yadav. It may be noticed that Ram Chandra Yadav who is the appellant in Criminal Appeal No 593 of 2002 died during pendency of the appeal and on 08.03.2010 order was passed that appeal against him stands abated. It may also be noticed that one Bhuneshwar Mahto was also chargesheeted and charges were framed against Patna High Court CR. APP (DB) No.580 of 2002 dt.17-02-2012 3/12 him but in course of trial, on 08.01.1999, he died and, as such, has not been tried and sentenced, his trial having abated. 3. It would be convenient to note the charges for which these appellants were tried. All the ten appellants were charged first under [STATUTE] (IPC) for committing dacoity in the house of Harendra Singh, Prabhu Nath Singh, Sarjug Singh and Raj Kishore Singh. Out of them, Shiv Dayal Yadav and Sarjug Yadav were separately charged under [STATUTE] for voluntarily causing hurt to Shivdas Singh. Seven appellants that is Baban Yadav, Chandeshwar Yadav, Parmanand Yadav, Chandrika Yadav, Ram Singasan Yadav, Ram Chandra Yadav and Amir Chand Yadav were charged under [STATUTE] for being members of unlawful assembly with common object to commit murder of Dharmendra Singh in course of rioting in course of which Dharmendra Singh was killed. Nine appellants, with the exception of Shambhu Yadav, were charged under [STATUTE] for having unlawfully assembled in furtherance of common object and forming unlawful assembly to commit the murder of Dharmendra Singh. Shambhu Yadav was separately charged for causing the death of Dharmendra Singh by shooting him under [STATUTE] read with Section 27 of the Arms Act. Appellants Sarjug Yadav, Shambhu Yadav and Shiv Dayal Yadav were then separately charged under [STATUTE] for being members of unlawful assembly armed with deadly weapon which was likely to cause death in furtherance of a common object. 4. The trial Court, on basis of evidence as led before it, acquitted Shiv Dayal and Sarjug Yadav of charge under [STATUTE] . All the appellants were convicted under [STATUTE] . Shambhu Yadav was held guilty for offence under [STATUTE] read with Section 27 of the Arms Act and, Patna High Court CR. APP (DB) No.580 of 2002 dt.17-02-2012 4/12 accordingly, the rest of them were held guilty of offence under [STATUTE] . Appellants Sarjug Yadav, Shambhu Yadav and Shiv Dayal Yadav were convicted under [STATUTE] whereas appellants Baban Yadav, Chandeshwar Yadav, Parmanand Yadav, Chandrika Yadav, Ram Singasan Yadav, Ramchandra Yadav and Amir Chand Mahto were held guilty under [STATUTE] as well. When it came to sentencing Shambhu Yadav, he was sentenced to life imprisonment and rigorous imprisonment for three years for offence under [STATUTE] and [STATUTE] , were sentenced to life imprisonment. All persons having been found guilty of offence under [STATUTE] were further sentenced to 10 years rigorous imprisonment and pay a fine of Rs 5,000/- each. No separate sentence was awarded for offence under [STATUTE] . All sentences were ordered to run concurrently. 5. The prosecution case starts with the Fardbayan (Exhibit-2) of one Harendra Pratap Singh (PW 6) recorded by G N Mandal, Officer-in-charge (not examined), Ara Mufassil Po

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.