UMESH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Section 324 IPC and sentenced to RI for one year whereas the rest of the Appellants have been convicted under Section 323/34 IPC and sentenced to RI for six months by the 1st Additional Sessions Judge, Saharsa in Sessions Case No. 40/86 by a judgment dated 28.02.1995.

(2.) The case of the prosecution is that on 05.07.1985 a minor altercation took place between the brother of the informant and the accused persons on account of which Appellant Umesh Pandit assaulted him with the of which Appellant Umesh Pandit assaulted him with the lathi on the head and thereafter also gave a dagger blow on the right chest and then the rest of the accused persons assaulted him with lathi. Initially the Appellants were charged under Section 307 and 307/34 IPC but they were acquitted of the charges and convicted as mentioned above.

(3.) During trial the prosecution in all examined five witnesses out of whom P.W. 4 is the informant, P.W. 3 is the injured brother of the informant. P.W. 1 and P.W. 2 are on the factum of occurrence. P.W. 5 is the Doctor who examined the injured Kushilal Pandit, P.W. 4 and Deo Narain Pandit P.W. 3 who happened to be brother of the informant.