KAMALUDDIN ALIAS MD KAMALUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have been convicted under sections 323 and 149 Indian Penal Code and sentenced to rigorous imprisonment for six months and further appellant no.1 has been convicted under section 436 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and appellant no.9 is convicted under sections 436 and 109 Indian Penal Code and sentenced to undergo rigorous imprisonment for four years by the 2nd Additional Sessions Judge, Gaya, in Sessions Trial No. 73 of 1993/412 of 1993 by judgment dated 20.01.1996.

(2.) THE prosecution case according to the complaint is that on 12.03.90 at 5.30 PM when the complainant (PW6) was returning from his field, the appellants variously assaulted him and he was followed by them after which the appellant no.1 burnt the house of the complainant on the instigation of appellant no.9.

(3.) ON going through the evidence of the material witnesses, I find that all of them are interested and none of them have explained either the delay in the institution of the present complaint nor the factum of counter version.