CHANDESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants of Criminal Appeal No.391 of 1994 have been convicted u/ss.307 and 323 I.P.C. and sentenced to R.I. for eight years and six months respectively, whereas the appellant of Criminal Appeal No.9 of 1995 has been convicted u/s.323 I.P.C. and sentenced to R.I. for six months by a judgment dated 5.12.1994 passed by the 1st Assistant Sessions Judge, Hilsa, Nalanda in Sessions Trial No.239 of 1981.

(2.) THE case of the prosecution is that the appellant Chandeshwar Mahto assaulted the informant whereas appellant Sanjay Kumar fired at him with the country made pistol and appellant Chandrika Mahto gave lathi blow on his head. During trial the prosecution has examined seven witnesses in all. Out of whom, P.W.2 and P.W.4 are material witnesses and on the point of occurrence whereas P.W.3 and P.W.7 are formal and P.W.5 is the Investigating Officer and P.w.6 is the doctor.