NAND KISHORE THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted by the judgment dated 31.8.1995 passed in Sessions Trial No. 137 of 1993 by the learned Ist Additional Sessions Judge, Vaishali at Hajipur under Section 307/149 I.P.C. whereas Appellant No. 6 has been convicted to rigorous imprisonment for 3 years the rest of the Appellants have been sentenced to rigorous imprisonment for 7 years.

(2.) THE case of the prosecution is that on 11.9.1981 while the informant P.W.4 was at his darwaza the accused persons came there and dragged out his father. Then the Appellant No. 3 is supposed to have given a bhala blow on his stomach on account of which he died. In this transaction P.W. 4 and his mother were also injured.

(3.) DURING trial the prosecution examined as many as 12 witnesses out of whom P.W. 7, 8 and 9 have been declared hostile whereas P.W. 10 is the doctor and P.W. 11 is the Investigating Officer, P.W. 1, 2 and 3 are co -villagers and eye -witnesses of the occurrence whereas P.W. 4 is the informant and P.W.5 is a witness who came the place of occurrence and P.W. 6 is a formal witness. For the same occurrence counter case was instituted by the defence but the documents could not be brought on record since the documents had gone missing.