VIJOY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the three appeals arise out of the same judgment and order, they have been heard together and are being disposed of by this common judgment.

(2.) THE aforesaid appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years each under Section 307 read with Section 34 of the Indian Penal Code.

(3.) THE prosecution in support of its case examined altogether four witnesses. P.W. 1 is Awadhesh Chaudhary, brother of the informant (PW 2), PW 2 is the informant himself. P.W. 3 is Dr. Anil Kumar, he had examined the injured and P.W. 4 is Ram Kumar Singh. I.O., who had conducted the investigation of the case and submitted charge -sheet against the appellants. P.W. 2 the informant has fully supported the case of the prosecution as narrated in the first information report. He has stated that he was proceeding after closing his shop at the bus stand, the appellants named above came before him and took him to a tea shop. Appellant Vijoy asked him to supply milk and the shop keeper gave him a glass of milk. He threw away the glass and appellant Munna ordered him to kill the informant by chhura. He has stated that Vijoy caught hold of him and appellant Mantu inflicted dagger blows twice. One blow put him at the shoulder and the other at the stomach. He fell down on the ground and his brother P.W. 1 Awadesh came, there and he took him to the hospital at Siwan. Subsequently the police came there and his fardbeyan was recorded.