RAM LAKHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IT has been submitted that during pendency of the Appeal, the Appellant of Criminal Appeal 240 of 1994 (Ram Lakhan Sah) had died and, therefore, the Appeal abate in his regard. The Appeal is dismissed as having abated. The surviving Appellant of Criminal Appeal 267 of 1994 (Hari Pujan Sah @ Ram Pujan Sah) has been convicted under Section 323 of the Indian Penal Code and sentenced to rigorous imprisonment for one year by a Judgment dated 13.6.1994 passed by the 5th Additional Sessions Judge, Siwan, in Sessions Trial No. 96 of 1989.

(2.) THE prosecution case is that on 13.3.1988, a minor altercation arose between the parties and when the Informant and others interjected, accused Ram Lakhan Sah is said to have given a knife blow on the stomach of Sheo Shankar whereas the present Appellant assaulted the injured with Lathi. During trial, the prosecution produces six witnesses out of whom PW-1 is the daughter of PW-2 and PWs-2, 3, 4 and 5 are on the point of occurrence whereas PW-6 is the Doctor who examined the injuries of PWs 4 and 5. The prosecution did not examine the Investigating Officer in the present case.