SANJIV YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants No. 1, 2, 4, 5 and 6 have been convicted under Section 147 of the Indian Penal Code and sentenced to rigorous imprisonment for six months and in addition the Appellant No. 5 has also been convicted under Section 225 and 353 of the Indian Penal Code and sentenced to rigorous imprisonment for six months under Section 225 of the Indian Penal Code but no separate sentence has been passed under Section 353 of the Indian Penal Code. However, after conviction of the 2 Appellants No. 3 and 7 under Section 147 of the Indian Penal Code, they were released on probation under Section 360 Cr. P.C.

(2.) The case of the prosecution according to the Informant (PW-6) is that while he was posted as J.S.I. at Bihra Police Station on 9.10.1989 and was looking after the law and order situation on occasion of Durga Puja festival, the Appellants arrived there and tried to disturb the peaceful gathering and when they were rounded up, Appellant No. 3 managed to flee away whereas Appellant No. 7 was caught right there.

(3.) During trial, the prosecution has examined 11 witnesses out of whom PW-6 is the Informant whereas PW-8 is said to have one of the victims and PW-11 is the Investigating Officer. PW-1, PW-7, PW-9 and PW-10 have been declared hostile whereas PW-2, PW-3, PW-4 and PW-5 have been tendered. It appears that PW-8 who was the victim as per the prosecution case was agnate of some of the Appellants and was also inimical to them. Also none of the independent witnesses have supported the case of the prosecution.