GANGOTRI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellants have been convicted under Sections 326 and 324/34 of the Indian Penal Code and sentenced to rigorous imprisonment for five years and one year respectively by the 3rd Additional Sessions Judge, Begusarai, in Sessions Trial No. 91 of 1986 by a judgment dated 12.7.1996.

(2.) The case of the prosecution according to the Informant Daya Shankar, PW-2 is that when he and his brother Harischandra Singh PW-1 were going to their house and reached at the house of Arun Singh, PW-4, all of a sudden, the accused persons variously armed came and surrounded them. Thereafter, Appellant No. 3 Rajeshwar Singh is said to have caught him whereas Appellant No. 2 Ganesh Singh is said to have caught Harishchandra Singh, PW-1, whereas one Nirdhan Singh (since deceased) gave a dagger blow on the neck of PW-1, but he tried to escape, on account of which, he sustained injuries on his hand. Thereafter, Nirdhan Singh (since deceased) gave a blow on the neck of his brother Harischandra Singh, PW-1, but it also did not hit him and instead caused injury on his chest. Other person allegedly brick bating. When an alarm was raised, PW-4 Arun Singh, PW-3 Lala Singh and PW-5 Yogesh Singh came and saw part of the occurrence.

(3.) The prosecution examined six witnesses out of whom PW-3 Lala Singh, PW-5 Yogesh Singh who are named in the First Information Report as eye witnesses have been declared hostile. PW-2 Dayashankar Singh and PW-1 Harischandra Singh are the two injured in the transaction whereas PW-6 Dr. Surya Bhushan Prasad Sharma has examined two injured. PW-4 Arun Singh is relative of the Informant. The Investigating Officer has not been examined in the present case.