RAJ KUMAR KAHAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 323 I.P.C. whereas appellant nos. 1 and 2 was sentenced to rigorous imprisonment for 4 years, the appellant nos. 3 and 4 was sentenced to the period already undergone by the learned 4th Addl. Sessions Judge, Nalanda at Biharsharif by the judgment dated 30.5.1994 in S.T. No. 312/1990.

(2.) The prosecution case is that the informant Shanti Devi was informed by her sister -in -law P.W.11 that her husband was being variously assaulted by the accused persons on 3.9.1989 at 12.30 p.m. and when she went to the place of occurrence she found that the accused persons were assaulting the deceased as a result of which when he was removed to the hospital later he lost his life.

(3.) During trial the prosecution examined 14 witnesses out of whom P.W.1,3,6 and 9 were declared hostile whereas P.W. 7 and 10 were formal in nature, P.W. 11 and 12 i.e. sister and wife of the deceased respectively are witnesses and material to the prosecution case, P.W. 3 is the doctor who conducted the post mortem examination report on 4.9.1989 whereas P.W. 14 is the Investigating Officer.