DADAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant No. 1 has been convicted under Sections 307 and 325 IPC and sentenced to RI for seven years and one year respectively as also under Sections 323 and 147 IPC and sentenced to RI for six months and under Section 426 IPC but no separate sentence has been passed in that regard. THE rest of the appellants have been convicted under Sections 147 and 323 IPC and sentenced to six months RI under each count by the 2nd Additional Sessions Judge, Bhabua in S.Tr. No. 179/57/1984/96 by a judgment dated 16/17.10.1996.

(2.) THE case of the prosecution according to the informant P.W. 3, Bidya Singh is that on 20.03.1984 at 1 P.M. while he was watching his crops he noticed that the crops were being grazed by the animals of the accused persons and when he protested he, his servant and his son assaulted were with lathi.

(3.) FURTHER, in view of the fact that the prosecution witnesses have also been able to successfully prove the case beyond all reasonable doubt as to the manner of occurrence corroborated by independent witness, I am not inclined to interfere with the conviction of the rest of the appellants recorded under Sections 325, 323, 147 and 426 IPC and, therefore, their conviction is not interfered with. However, the period already undergone by them during trial would be sufficient to meet the ends of justice.