DEO PRASAD RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant No. 1 has been convicted Under Section s. 148, 324 I.P.C. and 27 of the Arms Act and sentenced to R.I. for one year, two years and three years with a fine of Rs. 500/ - and in default of which R.I. for one month and the Appellant No. 3 has been convicted Under Section s. 147 and 323 I.P.C. and Appellant Nos. 4 and 5 have been convicted Under Section 147 I.P.C., whereas the Appellant No. 2 has been convicted Under Section 148 I.P.C. The Appellant Nos. 2, 3, 4 and 5 have been released on Probation of Offenders Act on execution of bond of Rs. 10,000/ - with two sureties of the like amount each for a period of two years by a judgment dated 7.7.1995 passed by the 4th Additional Sessions Judge, Saran (Chapra) in Sessions Trial No. 320 of 1985/ 83 of 1987.

(2.) THE case of the prosecution is that on 7.9.1984 the accused persons assaulted the prosecution party on account of a dispute over plucking of maize Bal, due to which earlier an altercation had taken place between them.

(3.) DURING trial the prosecution has examined seven witnesses in all. Out of whom, P.W.1, P.W.2, P.W.3, P.W.5 and P.W.6 are eye witnesses. P.W.4 and P.W.7 are formal witnesses.