RAM PRIT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants No. 1 and 2 have been convicted under Section 324 IPC and sentenced to RI for three years whereas Appellants No. 3 and 4 have been convicted under Section 323 IPC and sentenced to RI for three months by the 1st Additional Sessions Judge, West Champaran, Bettiah in S. Tr. No. 386 of 1987/50 of 1995 by a judgment dated 22.07.1995.

(2.) THE case of the prosecution is that on 03.04.1985 when the informant was harvesting his wheat crops the accused persons variously armed came there and the Appellants No. 1 and 2 assaulted him with the "Farsa" whereas the rest of the Appellants assaulted him with the lathis.

(3.) ON behalf of the defence it was urged that in fact the land belonged to them and the prosecution party was the aggressor and on the said date they had been assaulted for which a counter -case has been instituted by the accused persons. 5. On going through the evidence of material witnesses, I find that they are all interested and in absence of examination of any independent witness as also the non -examination of the Investigating Officer, I am not inclined to sustain the conviction of the Appellants on the basis of evidence of only partisan witnesses.