SAMIRUDDINALIAS SOMU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 147 and 379 IPC and sentenced to six months RI under each count and further the Appellants No. 3, 4 and 8 have been convicted under Section 323 IPC and also sentenced for the same period by a judgment dated 31.07.1995 in S. Tr. No. 98/89, Tr. No. 38/90 by the 2nd Additional Sessions Judge, Purnia.

(2.) The case of the prosecution is that on 21.12.1987 reportedly the Appellants came upon the fields of the informant and cut away the paddy sown by them and thus committed theft.

(3.) The prosecution in all examined nine witnesses out of whom P.W. 1 is the informant. P.W. 2, P.W. 3, P.W. 4 and P.W. 5 are close relative of the informant and eye-witness whereas P.W. 7 is the Doctor who examined the three injured and P.W. 8 is a formal witness. P.W. 9 is the Investigating Officer.