Suddenly accused persons Nasiruddin Khan, Lajim Khan and Mehmood Khan came there and protested to the act of fixing of the pole.
When the villagers gathered, the accused persons made good their escape.
Subsequently, Nasiruddin Khan stood there with bhala in his hand and Sadruddin Khan, Gayamuddin Khan and Lajim Khan assaulted Kalam Khan, Salam Khan and Farman Khan as also Munshi Khan.
The injured Kalam Khan was brought to the hospital, where the informant gave his fardbeyan.
The informant replied that he was fixing the pegs on his own sahan and, therefore, there was numberquestion of any protest.
Lajim Khan also brought a lathi from his home.
Majiruddin handed over the bhala to Nasiruddin khan and went back to bring another bhala.
He also asked the accused to get the land measured to ascertain whether the peg was being fixed on the land of the latter or on his own land.
Thereafter, informants brothers Salam Khan, Farman Khan and Kalam Khan sons of Munshi Khan appeared there and asked the accused persons number to indulge in assault.
In the appeal, the views of the Trial Court were affirmed.
The trial Court on the basis of the evidence of nine witnesses found the accused guilty and sentenced them as afore noted.
In the meantime, informants brother Kalam Khan was subjected to assault with bhala by Nasiruddin khan hitting him on the right temporal region.
Thereafter, accused Majiruddhin Khan brought a bhala and Qayamuddin Khan and Sadruddin khan brought lathis.
Prosecution version as unfolded during trial is as follows As per the Fardbeyan of Murtaza Khan Ext.3 , on 6.10.1981 at about 11.30 the informant was fixing pegs on his own sahan land to keep maize crops.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court upholding the companyviction of the appellant No.1 for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 in short the IPC and sentence of 5 years and the other two appellants who were companyvicted for offence punishable under Section 323 IPC and were sentenced to undergo rigorous imprisonment for one year.
