BIRCHAND RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307/149 and sentenced to rigorous imprisonment for 5 years whereas the Appellant Nos. 2 an d 4 have also been convicted under Section 307 I.P.C. but no separate sentenced has been passed by the learned 4th Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 204 of 89/90 of 92 by the judgment dated 29.5.1995.

(2.) The case of the prosecution according to the informant P.W. 3 is that on 27.5.1988 a dispute arose between the parties on account of digging a ditch by the side of the house in course of which the Appellants have assaulted.

(3.) The prosecution in all examined 6 witnesses out of whom P.W. 1, 2, 3 and 6 are the eye-witnesses to the occurrence whereas P.W. 5 is the Investigating Officer and P.W. 4 is the doctor who examined the injured Ram Baran Rai and Ram Sanjiv Rai P.W. 3 and 2 respectively.