RAM ASHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 307 IPC and sentenced to RI for five years by the 9th Additional Sessions Judge, Ara in S. Tr. No. 10 of 1987 by a judgment dated 06.12.1995.

(2.) The case of the prosecution is that on 21.04.1986 at about 5 P.M. when the buffalo of the accused persons grazed the sugar-cane field of the informant it was protested by him upon which the accused persons variously armed assaulted the informant and others.

(3.) The prosecution in all examined ten witnesses out of whom P.W. 1 is a seizure witness, P.W. 4 is the informant, P.W. 5 is the mother of the informant, P.W. 3 is the Doctor who examined the injured. P.W. 8 is formal witness. P.W. 9 is tendered whereas the rest of the witnesses are on the factum of occurrence. P.W. 4 and P.W. 5 are the two injured witnesses and admittedly P.W. 1, P.W. 2, P.W. 3, P.W. 4, P.W. 6 and P.W. 7 are relatives and have deposed as an evidence in the present occurrence. P.W. 11 the Investigating Officer from whose evidence it appears that there was land dispute between the parties and a counter-version was initiated on account of which version given out by the accused persons.