AMRENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted Under Section 307/149 I.P.C. and sentenced to R.I. for five years by a judgment dated 28.2.1997 passed by the Additional Sessions Judge 1st, Barh in Sessions Trial No. 458 of 1991.

(2.) The case of the prosecution according to the informant is that on 11.2.1990 at about 10 A.M. the accused persons were found digging earth inside the boundary wall of the petrol pump of the accused persons for installing a hand pump, to which the informant objected since the alleged petrol pump belonged to him, at which the accused persons variously assaulted P.W.4, P.W.5, P.W.6 and one Subodh Singh with farsa, on account of which they sustained injuries. There was a counter version of the occurrence according to which while the Appellants were digging earth within their own boundary wall, the prosecution party assaulted them and also caused the death of one Vijay Singh, upon which Athmalgola P.S. case No. 40 of 1990 was instituted against the prosecution party.

(3.) During trial, the prosecution has examined eight witnesses. Out of whom, P.W.1 to P.W.6 are material witnesses, whereas P.W.7 is the doctor and P.W.8 is a formal witness.