JANARDAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Sections 324 and 148 IPC and sentenced to RI for three years under each count whereas the rest of the Appellants have been convicted under Section 324/149 IPC and also under Section 147 IPC and sentenced to RI for one year under Section 147 IPC no separate sentence has been passed under Section 324/149 by the 5th Additional Sessions Judge, Bhagalpur in S.Tr. No. 246 of 1988 by a judgment dated 26.06.1995.

(2.) The case of the prosecution is that on 21.12.1986 when the informant was warming himself by the side of a fire the accused persons came there and started abusing him. It is further alleged that the Appellant No. 1 fired at him which hit in right side of the chest on account of which he was injured and removed to the hospital.

(3.) During trial the prosecution in all examined eight witnesses out of whom P.W. 7 is the Investigating Officer. P.W. 8 is the Doctor. P.W. 4 is the brother of the informant but hearsay and has been rejected by the Trial Court. P.W. 6 is on the point that the parties were inimical to each other and that the cases were pending against them. P.W. 3 is on the point of arriving after the occurrence. He has also stated that there was counter-case in which 33 persons were named accused. P.W. 5 is the informant himself. P.W. 1 and P.W. 2 are on the factum of occurrence but P.W. 1. has stated that he is an accused in the counter-case and was on an inimical terms with the accused.