PATNA, India, June 10 -- Patna High Court issued the following order on May 11:

1. Heard learned counsel for the appellant, learned counsel for the informant and learned A.P.P. for the State.

2. The present memo of appeal is directed against the order and judgment dated 21.10.2024 / 25.10.2024 passed by Shri Kamla Prasad, Additional Sessions Judge- IInd, Civil Court, Jamui in Tr. No. 1592 / 2022, Registration No. 555/2022 arising out of Sono (Charka Pathar) P.S. Case No.- 138/2022 whereby the appellant has been convicted for the offence under Section 307 / 149 and sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 10,000/- and in default of payment of fine further sentenced to undergo simple imprisonment for one year, under Section 325 / 149 of the I.P.C. sentenced to undergo rigorous imprisonment for seven years and fine of Rs. 5,000/- and in default of payment further sentenced to simple imprisonment for six months, under Section 323 / 149 of the I.P.C. sentenced to simple imprisonment for one year and fine of Rs. 1,000/- and in default in payment of fine to further undergo simple imprisonment for one month and under section 147 of the I.P.C. sentenced to simple imprisonment for two years. It was ordered that all sentences will run concurrently.

3. As per the prosecution case on 13.05.2022 at about 8:25 hours the informant's nephew was returning by his motorcycle after attending a function and when he reached near the house of Pankaj Yadav he saw some persons were dancing on the tune of D.J. sound and when the informant's nephew blew horn, the appellant along with other accused persons abused him, and on protest, they assaulted the informant's nephew and other family members with various weapons including lathi, sword, danda, khanti, iron and steel etc. The allegation against the appellant is that he assaulted on the head of Gono Yadav (P.W. 4) by front portion of the spade leading to incised wound on mid parietal skull area.

4. Learned counsel for the appellant on the point of suspension of sentence and grant of bail argued that allegation in the F.I.R. is that altogether 5-6 persons assaulted Khuni Yadav (deceased) but only two injuries have been found on the person of the deceased i.e. one near the eye brow and another on the head. Referring to the deposition of eye witnesses viz. P.W.1, P.W. 3, P.W. 4 & P.W. 5, learned counsel submits that the witnesses have deposed that Kanhaiya Yadav assaulted on the head of the deceased. Lalu Yadav assaulted with sword on the head of deceased- Khuni Yadav. Gono Yadav and Bhim Yadav both were assaulted on the head. The prosecution witnesses have not proved the allegation / charge against the appellant beyond all reasonable doubt and allegation is not corroborated by medical evidence also.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/vieworder/MjQjNTI3NCMyMDI0IzUjTg==-zuLggCeS7y8=)

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