BHOLA MUSHAR Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The Appellants have been convicted under Sections 395 and 397 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years under both counts by a judgment dated 21.8.1995 passed by 3rd Additional Sessions Judge, Kaimur at Bhabua, in Sessions Trial No. 6/4 of 1994.

(3.) During trial, the prosecution examined ten witnesses out of whom P.W. 1 is the father of the Informant and hearsay on the point of identification of Appellant Nos. 1 and 2. P.W. 2 is the son of the Informant and he is alleged to have identified the Appellant No. 3. P.W. 3 is the sister of the Informant. She is said to have identified the Appellant Nos. 1 and 5. P.W. 5 is the witness who is said to have identified the Appellant Nos. 1 and 2. P.W. 10 is the Doctor who examined the injured whereas P.W. 6 is hostile witness. P.W. 4 is on the point of arrest of the Appellants right after the occurrence from the village and that he had heard that the Appellants had committed this occurrence.