ASHOK MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) ON the last occasion the appeal was directed to be listed even without the Lower Court Records since it was of the year 2000, to be disposed of with the assistance of the records to be produced by the Counsel for the Appellants.

(2.) THE Appellant No.1 has been convicted under Section 324 I.P.C. whereas Appellants No.2 to 5 have been convicted under Section 323 I.P.C. and sentenced to R.I. for one year and half years and six months respectively by a judgment dated 19.7.2000 passed by the 3rd Additional Sessions Judge, Muzaffarpur in Sessions Trial No.2 of 1988.

(3.) P .W.7 Lakhindar Paswan, the informant, stated that Appellant Ashok Mahto had inflicted farsa injuries on his head and in course of saving his head cut injuries were caused on both his hands. The rest of the accused persons assaulted him with lathies, whereas accused Prasad Mahto and Appellant Vishwanath Mahto were giving orders. He was then removed to the Hospital, where he gave his fard beyan. P.W.1 Ramji Paswan, P.W.2 Chandradeo Choudhary, P.W.4 Panchu Paswan, P.W.5 Nathu Paswan and P.W.6 Chandra Bhushan Sah all supported the prosecution case in all material particulars. However, neither the doctor nor the Investigating Officer have been examined by the prosecution.