LAWS(PAT)-2011-4-362

SRI BHAGWAN ROY Vs. STATE OF BIHAR

Decided On April 28, 2011
SRI BHAGWAN ROY,; PRADIP ROY,; DHARAM NATH ROY ALL S/O SRI DEVA NAND ROY AND DEVA NAND ROY @ DEVA RAI S/O SRI DHUMUN ROY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Appellant No. 1 has been convicted under Section 307 and 452 I.P.C. and sentenced to rigorous imprisonment for 10 years and a fine of Rs. 600/- where as the rest of the Appellants have been convicted under Section 307/34 I.P.C. and sentenced to 4 years rigorous imprisonment and a fine of Rs. 600/- in addition all the Appellants have been convicted under Section 452 I.P.C. and sentenced to rigorous imprisonment for 2 years passed by the learned 9th Additional Sessions Judge, Arrah in Sessions Trial No. 223 of 1985 by the judgment dated 25.5.1995.

(2.) The case of the prosecution is that on 25.6.1983 the informant and the accused persons entered into an altercation over a minor matter and in course of which the Appellants are said to have thrown acid and injuring three of the witnesses namely P.W. 2, 4 and 5.

(3.) The prosecution in all examined 7 witnesses out of whom P.W. 2, 4 and 5 are the victims whereas P.W. 3 is a corroborative witness but family members of the informant, P.W. 6 is the doctor who examined the three injured and found simple injuries on two of them, P.W. 1 and 7 are the formal witnesses.