PRAYAG RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants No. 1, 6 and 8 have been convicted under Sections 148 and 324 IPC and sentenced to two years RI under both counts whereas the rest of the Appellants have been convicted under Section 147 IPC and sentenced to RI for one year by a judgment dated 22.08.1995 in S.Tr. No. 68/89 by the Sessions Judge, Samastipur.

(2.) THE case of the prosecution is that on 28.11.1982 an altercation arose between the parties over cutting of the paddy crops in course of which the Appellant No. 8 is said to have given "Farsa" blow on the head of the informant, Appellant No. 6 is said to have given "Bhala" blow on the head of Ram Julum Rai and gave a "Farsa" blow on the head of Ram Pragas Rai. The rest of the Appellants assaulted with lathi. The reason was land dispute and an attempt by the accused dispossessed the prosecution party from the land in question.

(3.) DURING trial the prosecution examined line witnesses out of whom P.W. 1, P.W. 2 and P.W. 4 are formal in nature whereas P.W. 3, P.W. 4, P.W. 5 and P.W. 6, the informant are eye witnesses.