(1.) THE Appellants have been convicted under Sections 147, 452/149, 341/149 and 307/149 IPC and sentenced to RI for one year under Section 147, four years under Section 452/149, five years under Section 307 IPC and simple imprisonment for one month under Sections 341/149 by the 4th Additional Sessions Judge, Bhagalpur in S.Tr. No. 273/96 by judgment and order dated 07.08.2000.
(2.) THE case of the Informant, Manindra Das is that on 02.05.1995 at about 9 P.M. the accused persons Patna High Court CR. APP (SJ) No.278 of 2000 dt.03 -12 -2013 2 entered into his house variously armed and dragged him out. Thereafter, the Appellant gave a lathi blow on his head on account of which it was fractured while the rest of the accused persons also assaulted variously whereafter they fled away.
(3.) P .W. 2, Nagendra Das is also brother of the informant stated that he had come to the place of occurrence where the accused persons also came and started to abuse and assaulted his brother. In his cross - examination it was suggested to him that a case has been instituted against him and his brother by the Accused.