RAM KISHUN TURHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307/34 and 148 of the Indian Penal Code and sentenced to four years rigorous imprisonment and a fine of Rs. 50/- each to be paid to the Informant and a further sentence of one year under Section 148 of the Indian Penal Code by a Judgment dated 31.5.1996 passed by the 1st Additional Sessions Judge, Ara, in connection with Sessions Trial No. 355 of 1985.

(2.) The case of the prosecution according to the Informant PW-4 Devnandan Turha was that when he along with his sons PW-1 and PW-2 was returning from the house of his brother, the accused persons variously armed surrounded them and also assaulted them on account of a fishing dispute for which earlier a case had been instituted.

(3.) During trial, the prosecution examined seven witnesses out of whom PW-1 and PW-2 are the sons of Informant PW-4 and they are eye witnesses. PW-3 is a witness who went at place of occurrence and saw the accused persons fleeing away from there as also the three injured. PW-7 is the Investigating Officer whereas PW-6 is the Doctor who examined the three injured.