BALMIKI SINGH Vs. RAM CHANDER SINGH AND ORS.

JUDGEMENT

(1.) -These appeals have been filed by the informant questioning the judgment passed by the learned Single Judge of the Patna High Court directing acquittal of the Respondents 1 & 2. Each of the accused persons was found guilty for the offence punishable under Sec. 307 read with Sec. 34 of the Indian Penal Code, 1860 (in short "Indian Penal Code") and sentenced to undergo RI for 5 years. Additionally, respondents were convicted for offence punishable under Sec. 27 of the Arms Act, 1959 (for short 'Arms Act') and sentenced to undergo RI for 3 years.

(2.) Background facts, in a nutshell, are as follows:

(3.) 8 witnesses were examined to further the prosecution version of whom PWs. 1,5 and 6 were stated to be the eye witnesses. But ultimately it was noted that PWs. 1 and 5 were not eye witnesses and the prosecution version primarily rested on the evidence of PW-6, the injured informant. The Trial Court found the evidence to be cogent and accordingly sentenced the accused persons.