MANOHAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellant Nos. 3, 7 and 13 have been convicted Under Section 323 I.P.C. and sentenced to R.I. for one year, whereas Appellant Nos. 9 and 11 have been convicted Under Section 380 I.P.C. and sentenced to R.I. for seven years and the Appellant Nos. 1, 2, 4, 5, 6, 8, 9, 10, 11 and 12 have been convicted Under Section 452 I.P.C. and sentenced to R.I. for seven years by the 2nd Additional Sessions Judge, Bhabua in Sessions Trial No. 501/72 of 1992 by a judgment dated 20.4.1995.

(2.) THE prosecution case is that on 27.7.1991 at about 7 P.M. when the informant (P.W. 6) was sitting at his Dalan, the accused persons entered into his house and committed theft of certain articles.

(3.) IT has been submitted that from the evidence of the interested witnesses, it is apparent that there was active land dispute between the parties and there is a counter version of the same occurrence which had been stoutly denied by the prosecution witnesses. In this background the prosecution case is not worthy of credence and the Appellants deserve to be given benefit of doubt. Further P.W. 4, who was the sole independent injured eye witness, has created a serious doubt about the prosecution case in not supporting the same during trial and hence the Appellants deserve to be acquitted.