MAHENDRA BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant nos.1, 2, 3, 4, 5, 7 and 8 have been convicted u/s.323 and sentenced to R.I. for six months, whereas the appellant nos.4, 6, 7 and 9 have further been convicted u/s.304 Part II I.P.C. and sentenced to R.I. for ten years by the 6th Additional Sessions Judge, Siwan in Sessions Trial No.121 of 1992 by a judgment dated 16.2.1995.

(2.) THE case of the prosecution is that on 28.6.1991 a dispute arose between the parties over throwing away Pual which led to an assault on three injured, out of whom later Samraji died.

(3.) IN such view of the matter, the appeal is allowed and the order of conviction and sentence against the appellants passed on 16.2.1995 by the 6th Additional Sessions Judge, Siwan in Sessions Trial No.121 of 1992 is set aside. The appellants are discharged from the liabilities of their bail bonds.