DIBUR MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 324, 148 and 323 and sentenced to RI for two years, one year and six months respectively and further the Appellants No. 1, 3, 4 and 5 have been convicted under Section 147 IPC and sentenced to three months RI by the 1st Additional Sessions Judge, Bettiah in S. Tr. No. 513/87/26/95 by a judgment dated 18.09.1995.

(2.) THE case of the prosecution is that on 26.09.1985 when the informant was guarding his fields the Appellants variously armed arrived there and assaulted the informant and one Putur Rout and Chandradeo Sah.

(3.) THE Investigating Officer has not been examined by the prosecution and admittedly the present occurrence had taken place on account of land dispute for which a proceeding under Section 107 Code of Criminal Procedure was pending between them.