HIRDAY RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) NINE appellants were put on trial in Sessions Trial No.44 of 1992/25 of 2001 by the learned Sessions Judge, Vaishali at Hajipur by being indicted of committing offences under Sections 307/149, 380 and 452 IPC. The judgment in the case was delivered by the learned Presiding Officer, Fast Track Court -I, Vaishali at Hajipur on 20.12.2001 and while acquitting the appellants of charges under Sections 380 and 452 IPC they were held guilty of committing the offences under Section 307/149 IPC. The appellants were heard under Section 235 Cr.P.C and each of them was directed to suffer rigorous imprisonment for two years. The appellants have jointly preferred the present appeal.

(2.) THE prosecution case as contained in fardbeyan of P.W.4 Jagdip Rai recorded in Sadar Hospital, Hajipur on 10.06.1990 at 1 P.M. was that while he was sleeping at his house at about 4 A.M. on 08.06.1990, all the nine appellants armed variously came there raising hulla. The informant woke up and he was assaulted by all of them so much so that he was badly injured and when his sister Rampari Devi (not examined) with P.W.1 Jai Mangal Rai, P.W.2 Sakaldip Rai and P.W.3 Bhikhari Rai attempted to intervene to save him, they were also assaulted.

(3.) AFTER having perused the evidence of four eye witnesses who were all injured, the Court is of the opinion that it was not a case in which judgment of conviction would have been passed.