VIDYANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) CR . Appeal no. 134 of 1993 and Cr. Appeal no. 139 of 1993 arise out of the same judgment and order dated 24.4.1993 passed by Sri Prabhu Nath Prasad, 3rd Additional Session Judge, Munger in Session case no. 598/1986 and as such for the sake of convenience both the appeals have been heard together and are being disposed of this common judgment.

(2.) THESE two appeals have been preferred against the judgment and order dated 24.4.1993 passed by Sri Prabhu Nath Prasad, 3rd Additional Session Judge, Munger in Session case no. 598/1986 by which he convicted appellant Vidya Nand Singh (Cr. Appeal no. 134/1993) u/s 324 of the Penal Code and sentenced him to undergo R.I. for 3 years. He then convicted appellants Ashok Kr. Singh and Shivjee Singh (Cr. Appeal no. 139/1993) u/s 323 of the Penal Code and sentenced them to undergo R.I. for one year.

(3.) IT has been argued that the appellants have been falsely implicated in this case on account of previous enmity and the prosecution has not produced any independent witness in support of its case. It has further been argued that during trial it came to light that PW3 (Sachidanand Singh) also sustained injuries in the alleged occurrence but fard beyan of informant is completely silent on the point of injury sustained by PW3. Learned counsel pointed out that there: is counter version also in which accused Ashok Kr. Singh sustained grievous injury but the prosecution has not given any explanation as to how he received that injury.