TENI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants are aggrieved with the judgment dated 17.5.1995 passed by the learned 1st Additional Sessions Judge, West Champaran in Sessions Trial No. 80 of 83/ 43 of 95 by which the Appellant No. 10 has been convicted under Section 326 I.P.C. and sentenced to rigorous imprisonment for 5 years and a fine of Rs. 1000/- in default of which 6 months rigorous imprisonment, all the Appellants have been convicted under Section 324 I.P.C. as also under Section 326/149 I.P.C. and sentenced to rigorous imprisonment for 5 years and fine of Rs. 1000/- in default of 6 months and 2 years under Section 324/149 I.P.C.

(2.) It appears from the order sheet that the Appellant No. 4 was impersonated by his brother and sent behind the bars after conviction. For this impersonation, a separate case has been instituted against the Appellant No. 4 but it does not have any bearing on the facts of this case.

(3.) The prosecution case is that when the informant Jaleshwar Yadav (P.W.6) had gone to see his fields he saw some armed accused persons cutting sugar cane crops from the field of Dhanesh Yadav. When the accused saw the informant he was fired at by Appellant No. 10 on account of which he sustained some injuries when the co-villagers intervened they were fired at on account of which Bijali Yadav, Kariman and Deena sustained injuries.