BAGESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant no.l has been convicted under Section 326, 323 I.P.C. and sentenced to rigorous imprisonment for 3 years whereas the appellant no.2 under Section 323 and sentenced to rigorous impris-onment for 6 months by the judgment dated 7.5.1994 passed by the learned 1st Additional Sessions Judge, Siwan passed in Sessions Trial No. 277/1983.

(2.) The case of the prosecution is that on 8.5.1982 at about noon an altercation arose between the parties over plucking of the jack fruits in which an assault took place and the in-formant P.W.5 was injured. Initially the appel-lants were charged under Section 307 I.P.C. but they were acquitted of the charges and convicted as mentioned above.

(3.) To prove its case the prosecution in all examined 5 witnesses out of whom P.W.4 and 5 are the injured themselves whereas P.W.3 is the son of the informant and P.W. 1 and 2 are eye-witnesses, the doctor was examined as P.W.6.