(1.) HEARD. The Appellant No. 1 has been convicted under Sections 307 and 379/34 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years and two years respectively whereas the Appellant No. 2 has been convicted under Section 379 of the Indian Penal Code and sentenced to two years rigorous imprisonment by a Judgment dated 13.12.1994 passed by the 1st Additional District and Sessions Judge, Saran at Chapra, in Sessions Trial No. 95 of 1981/78 of 1990.
(2.) THE statement of the Informant Lal Babu Rai given at the Hospital is that he was returning home after purchasing she buffalo, an altercation arose between the parties in which while the Appellant No. 2 caught hold of Rajendra Singh, Appellant No. 1 gave a lathi blow on the back of the Informant Lal Babu Rai who fell down whereafter he was again assaulted with lathi on his head and hand. In the meanwhile, the Appellant No. 1 also gave a dagger blow on the neck of Rajendra Sinngh whereas the Appellant No. 2 committed theft of Rs. 3,000/- and a watch.