RAM PRAVESH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL the appellants have been convicted under section 307/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and appellant nos. 2 and 5 have further been convicted under section 325 Indian Penal Code and sentenced to undergo rigorous imprisonment for five years, appellant no.1 is further sentenced to undergo rigorous imprisonment for two years under section 324 Indian Penal Code, appellant nos. 3 and 4 have been convicted and sentenced to under rigorous imprisonment for one year each under section 323 Indian Penal Code, appellant nos. 1, 2 and 5 have been convicted under section 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and appellant nos. 3 and 4 have further been convicted under section 147 Indian Penal Code and sentenced to undergo rigorous imprisonment for one year by the 7th Additional Sessions Judge, Patna, by his judgment dated 03.06.1995, in Sessions Trial No. 223 of 1993. ALL the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that on 15.12.1992, when the informant P.W.4 had gone to his boring to irrigate his field and wanted to unlock the boring room at which time the appellant no.5, who was hiding there, gave a iron rod blow on the head of the informant, whereas, appellant no. 1 gave a Chura blow on the left knee and appellant nos. 3 and 4 gave repeated lathi blows on the informant and appellant no.2 gave spade blows from his back portion on the informant.

(3.) IN the result, the appeal is dismissed with modification in the conviction and sentence.