JITENDAR TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD . The Appellants have been convicted under Sections 323, 324 and 341 of the Indian Penal Code and have been given benefit of Section 360 Cr. P.C. on execution of a bond of Rs. 3,000/ - with two sureties of the like amount for maintaining peace and good behaviour for a period of one year by the 2nd Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 9 of 1984/22 of 1993. Initially the Appellants were charged under Sections 307/34 of the Indian Penal Code but they were acquitted of the charges and convicted as mentioned above. The case of the prosecution according to the Informant is that on 15.7.1982 at about 8.00 A.M. the accused persons came around the fields of the Informant and variously 2 assaulted them.

(2.) THE prosecution examined six witnesses out of whom PW -1 and PW -2 did not support the case of the prosecution and were declared hostile. PW -6 is the Informant of the case whereas PW -3, PW -4 and PW -5 are eye witnesses. Neither the Investigating Officer nor the Doctor was examined in the present case. The defence also proved certain documents to show that there was pending enmity between the parties on account of land dispute.

(3.) THE Trial Court substantially disbelieved the case of the prosecution by acquitting the Appellant of the charge under Section 307/34 of the Indian Penal Code and, therefore, in the peculiar facts and circumstances of the case, the conviction and sentence is hereby set aside.