UMESH RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Section 147 IPC and sentenced to RI for one year whereas the Appellant Nos. 2, 6 and 7 have been convicted under Sections 323 and 147 IPC and sentenced to one year and six months respectively and Appellants No. 3, 4 and 5 have been convicted under Sections 324 and 148 IPC and sentenced to RI for one year and two years respectively by the Sessions Judge, West Champaran in S. Tr. No. 407 of 1989 by a judgment dated 09.08.1995.

(2.) The prosecution case is that on 24.04.1988 while the informant P.W. 1 was working in his fields suddenly the accused persons came there and assaulted him and others. The Appellants were initially charged under Section 307/149 IPC but they were acquitted of the charges and convicted as mentioned above.

(3.) The prosecution in all examined eight witnesses out of whom P.W. 1 is the informant and an eye-witness. P.W. 2 is also an eye-witness. P.W. 3 is on the motive of the occurrence also as given an eye-witness account. P.W. 6 and P.W. 7 have also given an eye-witness account. P.W.8 is the Investigating Officer whereas P.W. 4 is the Doctor who examined the injured.