LALU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307/149 IPC and sentenced to five years RI by a judgment dated 06.09.1995 passed by the 4th Additional Sessions Judge, Vaishali at Hajipur in S.Tr. No. 147 of 1991.

(2.) The case of the prosecution is that on 11.09.1979 the accused persons variously armed entered into the "Bathan" of the informant and variously assaulted him, P.W. 3 and P.W. 4.

(3.) During trial the prosecution examined seven witnesses out of whom P.W. 5 and P.W. 7 are formal whereas P.W. 1, P.W. 2, P.W. 3, P.W. 4 and P.W. 6 are witnesses on the factum of occurrence. P.W. 2, however, has been disbelieved by the Trial Court. P.W. 6 is the informant. Admittedly, neither the Doctor nor the Investigating Officer has been examined by the prosecution.