IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.830 of 2008 MD.MUSTAFA & ORS Versus THE STATE OF BIHAR ----------- 2 1.9.2008 Heard counsel for the appellants and the State. All the seven appellants have been convicted under section 323 of the Penal Code and sentenced to under go rigorous imprisonment for one year. The prosecution case in short is that one Purni Devi wife of injured Ghanshyam Mandal lodged the instant case being Kadwa P.S.Case No.29 of 2000 alleging therein that one Sukruddin came to her residence and asked her husband to come along with him. The informant’s husband went along with Sukruddin. In the morning he learnt that all the appellants assaulted her husband and also falsely involved him in a theft case. The Police after investigation submitted charge sheet under section 307 of the Penal Code. After cognizance charges were framed under section 307/34 and 120B of the Penal Code. The prosecution examined altogether 11 witnesses including the Medical Officer as well as the Investigating Officer, out of whom P.W. 5 Ghyanshyam Mandal is the injured. He stated that one Sukuruddin came to his house and asked him to come along with him as the Panchayati was to be convened in respect of case of one Hazra Khatoon. As he went along with him the appellants intercepted him on the way and one Md.Salam put a napkin around his neck and tried to fasten the same and all the accused persons assaulted him with lathi - 2 - KHAN and danda. It would appear from the evidence of P.W.10 the Medical Officer that the injured sustained bruise and abrasion on his person. He also sustained one lacerated wound on his wrist joint and swelling injury on his right foot and left foot. Learned counsel for the appellants submits that the prosecution has not been able to establish that the injuries are grievous in nature. He submits that in fact the injured was an accused of theft case filed by one Md. Mustafa, appellant no.1 under section 379 and 411 of the Penal Code and the instant case has been filed as a retaliation after six days of the occurrence. He further by referring to paragraph 12 of the judgment submits that a compromise was filed in the case in which the injured Ghanshyam Mandal was an accused and on that basis he got acquitted. However, no compromise could be filed in this case on account of some inadvertence. After considering the facts and circumstances of the case and the materials on record, this court find that the learned trial court has rightly convicted the appellants under section 323 of the Penal Code. However, in the facts and circumstances of the case, the sentence of one year granted to the accused appellants is reduced to the period under gone, if any with stipulation that each of them will pay a fine of Rs.50/- each to the informant. In the result, this appeal is dismissed with modification in the sentence as indicated above. (S.P.Singh,J) - 3 -