RAM NARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant Nos. 1, 4, 5, 6, 7, 9 and 10 have been convicted Under Sections 452 and 323 of the Indian Penal Code and sentenced to R.I. for one year and six months, whereas the Appellant Nos. 2, 3 and 8 have been convicted Under Sections 307 and 452 I.P.C. and sentenced to R.I. of four years and one year and Appellant Nos. 2 and 3 have been also convicted Under Section 324 I.P.C. but no separate sentence has been passed in that regard by the IVth Additional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 305 of 1989 by a judgment dated 30.8.1995.

(2.) THE case of the prosecution according to P.W. 6 (the informant) is that the accused persons entered into the house of the daughter of the informant having been variously armed and assaulted a number of persons.

(3.) ON behalf of the defence four witnesses have been examined. D.W. 1 has proved that in fact the house which was in dispute was rightfully owned by the accused persons and the same is brought on record as Exhibit A. D.W. 2 is also on the same point. D.W. 3 is the doctor, who stated that he had examined Satyadeo Rai and Nandeshwar Rai and found grievous injuries on them. D.W. 4 is a formal witness, who has brought on record the counter version.