IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.829 of 2010 CHAMRU SINGH & ORS Versus THE STATE OF BIHAR ----------- 11. 27.01.2011 L.C.R. has already been received. With the consent of both sides this appeal was heard at the stage of admission. This appeal is against the judgment dated 13.5.2010 of the learned Additional Sessions Judge-cum-Fast Track Court No.III, Khagaria passed in Sessions Trial No.279 of 2005 whereunder the appellants were tied for the offence punishable under Sections 341, 323, 337, 307/34 of the Indian Penal Code and on conclusion of the trial, they were convicted under Section 323 only. As to the quantum of the sentence, the appellants were released under Section 4 of the Probation of Offenders Act with a direction to execute probation bond for a period of one year with further direction to maintain peace and be of a good behaviour during the period. The prosecution case vide the fard-beyan of the informant Sheonandan Singh (P.W.4) was that on 23.5.2005 at 9:30 P.M. he (informant) carrying maize corn on his tractor trolley was going on village road and in course of driving of tractor, the Khuta (pole) fixed in front of the house of the appellant Chamru Singh was broken under the tires of the tractor as a result of which, some altercation and abuse took place and then appellant Ramesh Singh taking broken portion of Khuta assaulted him (informant) 2 on his head and back. It is also alleged that Ramesh Singh had also tried to give Kudal blow on his (informant’s) head but he avoided of the blow and fled away from there. The appellant Chunchun Singh did put a pistol on his (informant’s) head but any shot was not fired. Further allegation was that the appellant Chamru Singh assaulted on his (informant’s) chest with brick. The doctor Ashok Kumar who had examined injuries on the informant deposed as P.W.6, stated to have found the following injuries on the informant. (i) An incised would of size 1/12”X1/2” muscle deep over lateral aspect of right elbow. (ii) An incised would of size 1/12”X1/3” muscle deep over frontal region of scalp. (iii) A lacerated would of size 1”X1/3” muscle deep over occipital region of scalp. (iv) Two bruises of size of 6”X3/4” and 4”X3/4” and 4”X3/4” each 2 apart over front of chest. The injuries were caused within 12 hours. Injury Nos.1 and 2 were caused by sharp weapon and injuries nos.3 and 4 were caused by hard blunt substance. All the injuries were simple in nature. The informant including himself examined five witnesses on the point of occurrence. The witnesses have stated about the occurrence and the assault caused at the hands of the appellants as alleged. On consideration the simple evidence against the appellant Chunchun Singh is that he had put pistol on the 3 informant’s head and there was, no other specific evidence to show that he caused any specific injury by any specific means of assault on the informant. Therefore, the charge under Section 323 of the Indian Penal Code as against this appellant (Chunchun Singh) does not appear to have been proved with any specific evidence, therefore, his conviction under Section 323 of the Indian Penal Code as passed by the learned trial court does not appear to be justified, hence the same is set aside and the appellant (Chunchun Singh) is acquitted of this charge. So far the other two appellant, namely, Ramesh Singh and Chamru Singh are concerned, there is ample evidence to show that the appellant Ramesh Singh had assaulted the informant with broken portion of Khuta on his back and appellant Chamru Singh had assaulted with brick on his (informant’s) chest and the simple injuries as caused on the informant due to assault at the hands of these two appellants is corroborated by medical evidence also. Therefore, I find that the conviction of two appellants namely, Ramesh Singh and Chamru Singh is just and lawful and the sentence passed to them is also justified. Therefore, the appeal with regard to these two appellants, namely, Ramesh Singh and Chamru Singh is dismissed. Thus this appeal stands allowed in part as indicated above. Ravi/- ( C. M. Prasad, J.)