SURAJ RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant nos.1 and 2 have been convicted u/s.307/34 I.P.C. and sentenced to R.I. for five years, whereas appellant no.3 has been convicted u/s.307 I.P.C. and also sentenced to R.I. for five years by the 1st Additional Sessions Judge, Saran at Chapra in S.T. No.147 of 1981/ 174 of 1990 by a judgment dated 27.3.1995.

(2.) THE prosecution case is that on 10.7.1980 at about 10 P.M. the appellants came to uproot the palani constructed by the prosecution, where after an altercation arose between them and the appellant no.2 is said to have assaulted P.W.1 with a Barchhi on his stomach and the informant and one Dewan Rai were also assaulted by the accused persons.

(3.) THE appeal is thus allowed and the order of conviction and sentence passed against the appellants on 27.3.1995 by the 1st Additional Sessions Judge, Saran at Chapra in S.T. No.147 of 1981/ 174 of 1990 is set aside. THE appellants are discharged from the liabilities of their bail bonds.