PRITHIVI LAL DEO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Section 452 IPC and sentenced to RI for two years whereas the Appellant Nos. 1, 2, 13, 17, 18 and 19 have been convicted under Section 148 IPC and sentenced to RI for two years and the remaining Appellants have been convicted under Section 147 IPC and sentenced to RI for one year. In addition the Appellant Nos. 4, 5, 6, 7, 9 and 22 have been convicted under Section 323 IPC and sentenced to one year RI and Appellant Nos. 2, 11, 13 and 19 have been convicted under Section 324 IPC and sentenced to RI for one year. Appellant No. 20 has been convicted under Section 325 IPC and sentenced to one year RI by the 1st Additional Sessions Judge, Darbhanga in S. Tr. No. 87/85/86/94 by a judgment dated 12.07.1994.

(2.) The case of the prosecution is that on 13.05.1984 at about 6.30 P.M. a dispute arose between the parties over cutting of a tree in which the accused persons variously assaulted a number of persons and also committed theft. The tree allegedly belonged to one Ram Bahadurlal Deo, the owner-ship of which was disputed. For the same occurrence another case was instituted on the side of the defence which is evident from paragraph 8 of the judgment.

(3.) The prosecution in all examined eleven witnesses out of whom P.W. 1, P.W. 2, P.W. 3, P.W. 4, P.W. 5, P.W. 6 and P.W. 7 are the eye-witnesses. P.W. 8 is the Doctor whereas P.W. 9 is the Investigating Officer and P.W. 10 is the BDO who conducted the Test Identification Parade of the articles. P.W. 11 has alleged that he had stolen certain incriminating articles from the house of the Appellants which were put on Test Identification Parade.