JETHA SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant No. 1 has been convicted under Section 324 IPC and sentenced to RI for one year and he along with the rest of the Appellants has been convicted under Section 148 IPC and sentenced to RI for one year by the 2nd Additional Sessions Judge, Purnia in S.Tr. No. 47 of 1989 by a judgment dated 29.08.1995.

(2.) The case of the prosecution is that on 30.12.1986 at 11 A.M. the accused persons were found digging the Manji Than of the Society and when they were prevented from doing so they resorted to firing as also caused injury with the sword.

(3.) The prosecution in all examined five witnesses out of whom P.W. 1, P.W. 2, P.W. 3 and P.W. 5 are on the factor of occurrence. P.W. 3 is the injured who was examined by P.W. 4, the Doctor who found a simple injury on his head and an injury on the chest of P.W. 1, P.W. 2, P.W. 3 and P.W. 5. The Doctor who examined P.W. 1 has stated that injuries could have been caused by falling of sharp pointed bamboo.