MUNESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under Section 325/149 I.P.C. and sentenced to 5 years rigorous imprisonment and in addition appellant no.2 has also been convicted under Section 148 I.P.C. whereas appellant nos. 3, 4 and 5 convicted under Section 323 I.P.C. and 147 I.P.C. but no separate sentence has been passed in that regard by learned 6th Additional District & Sessions Judge, Chapra in Sessions Trial No. 145 of 1987/ 166 of 1994.

(2.) THE case of the prosecution is that on 30.3.1984 the accused persons variously armed waylaid the informant and variously assaulted him which was witnessed by some other villagers who came at the spot.

(3.) DURING trial the prosecution examined 12 witnesses out of whom P.W.5 is the doctor who examined the informant and P.W.6 is the doctor, who x-rayed the injured whereas P.W. 10, 11 and 12 are the police officers who recorded the fard bayan and partly investigated the case respectively. P.W. 2, 3, 4, 7, 8 are material witnesses out of which P.W.4 is the informant.