RAM PADARATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Sections 324 of the Indian Penal Code and sentenced to rigorous imprisonment for three months and a fine of Rs. 5,000/- in default of which further imprisonment for one month by the 7th Additional Sessions Judge, Munger, by a judgment dated 15.4.1997 in Sessions Case No. 324 of 1986.

(2.) The case of the prosecution in brief is that while Bijay Kumar Sharma was carrying water to his field, accused persons arrived there variously armed and the Appellant Ram Padarath Singh is said to have given a lathi blow on the Informant and when he was asked as to why they are doing it, the Appellant assaulted Bipin on account of which he fell down. The accused persons also committed theft of certain articles.

(3.) The prosecution examined 14 witness to prove its case out of whom PW-1, PW-2, PW-3, PW-4, PW-5, PW-7, PW-8, PW-9 and PW-11 are eye witnesses out of whom PW-9 is the Informant. PW-6, PW-10, PW-12, PW-13 and PW-14 are formal witnesses. However, the Doctor has not been examined in the case nor has the Investigating Officer been examined on behalf of the prosecution.