SETH MAHTON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellants No.1 and 3 have been convicted under section 324 of I.P.C. and sentenced to undergo rigorous imprisonment for one year whereas appellant no.2 has been convicted under sections 325 and 323 of I.P.C. and sentenced to undergo R.I. for one year and six months respectively by Sri Chiranji Singh, Sessions Judge, West Champaran, Bettiah, by Judgment dated 12.7.1994.

(2.) The prosecution case is that when the daughter of appellant no.1 was uprooting some tori crops in the field of the informant an altercation took place between the parties in course of which the injured witnesses were assaulted by the accused persons.

(3.) The prosecution in all examined nine witnesses out of them P.W.1,2 and 3 had come to the place of occurrence on halla and saw the assault. P.W.5 is the father of the informant who is an eye witness and P.W.7 is the informant whereas P.W.4 is the doctor who examined the injured and opined that all the injured sustained were simple in nature. P.W.8 is also an eye witnesses on the factum of the occurrence whereas P.W.9 is the investigating officer.