RAJENDRA PD CHAUDHARY S/O GANAUR CHAUDHARY, MADAN PD CHAUDHARY S/O RAJENDRA PD CHAUDHARY, KAMTA PD CHAUDHARY S/O RAJENDRA PD CHAUDHARY AND KISHORI DEVI W/O RAJENDRA PD CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant Nos. 1, 2 and 3 have been convicted under Sections 324 and 341 IPC and sentenced to RI for three years and one month respectively whereas Appellant No. 4 has been ordered to be released on execution of bond of Rs. 5,000/- under the provision of Section 360 Code of Criminal Procedure by the 3rd Additional Sessions Judge, Vaishali at Hajipur in S. Tr. No. 108/87 by a judgment dated 16.06.1995.

(2.) The case of the prosecution according to one Akhileshwar Prasad Chaudhary is that while he along with his family members was cutting wheat crops the accused persons came there variously armed and assaulted with sword, farsa and bhala on account of which they were injured. The Appellants were initially charged under Sections 307 and 379 IPC but were acquitted of the charges and convicted as mentioned above.

(3.) During trial the prosecution examined eight witnesses out of whom P.W. 1 is the daughter-in-law of the informant whereas P.W. 2 and P.W. 3 are the co-villagers of the informant. P.W. 4 is a person of neigbouring village whereas P.W. 5 is the wife of the informant and P.W. 6 is the informant himself. P.W. 7 is the Investigating Officer and P.W. 8 is a formal witness who has proved the injury report.