DHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 324 of the Indian Penal Code and sentenced to rigorous imprisonment for two years by a Judgment dated 23.3.1996 passed by the 9th Additional Sessions Judge, Patna, in Sessions Trial No. 263 of 1992.

(2.) The case of the prosecution according to PW-6 Chandra Bhushan Kumar is that on 14.12.1991 while he was going to play in a certain Akhara, he saw the accused person variously assaulting Manoj Kumar on account of which he was severely injured and moved to the Hospital for treatment. Charge was initially framed under Section 307 of the Indian Penal Code but the Appellants were acquitted of the same and convicted as mentioned above.

(3.) During trial, the prosecution examined six witnesses out of which PW-6 is the Informant who was declared hostile along with PW-3 and PW-4. PW-7 is the formal witness who proved the injury report of the injured. PW-2 is the injured whereas PW-1 is his father.