YOGENDRA PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 148, 379 and 147 IPC and sentence to one year and six months RI respectively in Sessions Case No. 47/79 by the judgment dated 08.08.1994 passed by the 1st Additional Sessions Judge, Saharsa.

(2.) The case of the prosecution is according to P.W. 5 is that on account of land dispute the accused persons variously armed forming an unlawful assembly assaulted the injured and committed murder of one Babujee Mushar. After close of investigation, charge-sheet was submitted under Section 302/149 IPC and other allied Sections and the Appellants were charged under Section 302/149 IPC and other allied Sections but since there was absolutely no evidence with regard to the death of the deceased in this occurrence apart from the oral statements of the witnesses the Appellants were discharged under Sections 302 and 302/149 IPC and convicted as mentioned above.

(3.) During trial the prosecution examined six witnesses out of whom P.W. 6 is formal whereas P.W. 5 is the informant and the rest of the witnesses are also on the point of occurrence.