SATYA NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants of Cr. App. No. 201/94 have been convicted under Section 307 and 341 I.P.C. and sentenced to rigorous imprisonment for 10 years whereas the Appellant No. 2 has been convicted under Section 307/34 I.P.C. as well as 341 and 379 I.P.C. and sentenced to rigorous imprisonment for 7 years and 1 year respectively and no separate sentence has been passed under Section 341 I.P.C. where as the Appellant of Cr. App. No. 221/1994 has been convicted under Section 307, 341 I.P.C. and sentenced to 7 years rigorous imprisonment but no separate sentence under Section 341 I.P.C. by a judgment dated 6.7.1994 by the 4th Additional Sessions Judge, Saran in Sessions Trial No. 273 of 1987.

(2.) The case of the prosecution is that on 28.4.1982 the accused persons came to the shop of one Krishnadeo Singh and ask for betel on credit and on his refusal to do so, it led to an altercation and assault by Appellant Satya Narain Singh with chhura blow on the left side of his chest.

(3.) The prosecution examined altogether 6 witnesses out of whom P.W.3 is the informant whereas P.W.1 and 2 are First Information Report named witnesses and P.W.4 and 6 are formal and P.W.5 is the doctor who conducted the radio logical test of the informant.