RAM NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant no. 4 has been convicted under Section 436 I.P.C. and sentenced to rigorous imprisonment for 10 years whereas appellant no. 1 has been convicted under Section 326 I.P.C. and sentenced to rigorous imprisonment for 7 years and the appellant nos. 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15 have been convicted under Section 147 and 323 and sentenced to 6 months rigorous imprisonment but appellant no. 6 has been released on probation whereas the appellant nos. 1,4,14 and 16 have been convicted under Section 148 and sentenced to 2 years rigorous imprisonment by the Ist Additional Sessions Judge, Vaishali, at Hajipur by a judgment dated 7.7.1994 in Sessions Trial Case No. 9/88/34/90.

(2.) The case of the prosecution is that the accused persons came upon the fields of the informant Sheo Balak Singh P.W.7 and on a trifling matter entered into an altercation with him and assaulted him and subsequently it is stated that the appellant no.6 set fire in the dwelling house of the informant.

(3.) The prosecution in all examined 8 witnesses out of whom P.W.1 is a co -villager of informant whereas P.W. 2,4,5 and 7 are material witnesses and relatives among themselves and P.W.3 is an eyewitness from adjoining villager, P.W.8 is the Investigating Officer of the case.