KESHO SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307/34 and 324 IPC and sentenced to RI for seven years and two years respectively by the Additional Sessions Judge-VII, Patna in S.Tr. No. 139 of 1993 by a judgment dated 06.07.1995.

(2.) The case of the prosecution is that on 23.11.1991 when the Appellants were irrigating the fields the informant who was crossing by, was asked to stop and it is alleged that accused Kesho Singh gave a sword blow causing injury on the cheek and knee whereas Dinesh Singh gave a Farsa blow which hit on the left shoulder. The deceased accused Binay Singh gave a Farsa blow on the neck of the informant which hit on the left hand on account of which his left arm was injured. The accused Tribeni Singh is also said to have given Gandasa blow on the head of the informant.

(3.) The prosecution in all examined six witnesses out of whom P.W. 1, P.W. 2 and P.W. 3 reached the place of occurrence after having been given information about the occurrence. P.W. 2 also stated likewise. P.W. 3 is an eye-witness to the occurrence whereas P.W. 4 is the informant himself. P.W. 6 is the Investigating Officer. P.W. 5 is the Doctor who examined the injured.