AKHILANAND PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant no. 1 has been convicted under Section 323 and 326 I.P.C. and sentenced to rigorous imprisonment for 3 months and 3 years respectively as also under Section 27 Arms Act and sentenced to 3 years rigorous imprisonment whereas appellant no. 2 and 3 have been convicted under Section 326/34 I.P.C. and sentenced to rigorous imprisonment for 3 years under Section 323 I.P.C. and sentenced to rigorous imprisonment for 3 years. THE appellant no. 1 has further been directed to pay a fine of Rs. 5000/- to the informant and in default of which 1 year rigorous imprisonment by the learned Ist Additional Sessions Judge, West Champaran Bettiah in Sessions Trial No. 123 of 1986/ 259 of 1995 by the judgment dated 10.7.1995.

(2.) THE prosecution case is that on 31.5.1985, when the informant found the accused persons digging a parti land he protested over the same, at which the appellant no. 1 got enraged and fired at him causing injury on his chest. When the informant fell down the appellant no. 2 and 3 also reportedly assaulted him.