BRIJ NANDAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

(2.) APPELLANT Kameshwar Rai has been convicted under section 304 Part II of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years. Appellants Brij Nandan Rai and Sheo Balak Rai have been convicted under section 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years each.

(3.) THE prosecution in support of its case examined altogether 14 witnesses. P.W. 1 is Deni Rai, eye witness, P.W. 2 is Jagar Nath Singh, a co -villager, P.W. 3 is Dindayal Rai, cousin brother of the informant, P.W. 4 is Chandreshwar Rai, injured, P.W. 5 is Harendra Pd. Singh, a formal witness. He had recorded the Fardbeyan of the informant at P.M.C.H. P.W. 6 is informant -Ravinder Rai. He is also an injured. P.W. 7 is Ram Naresh Rai, a formal witness. He had seized the blood stained clothes of the injured persons. P.W. 8 is Dr. Ratnakar Pd. Srivastava. He had conducted postmortem examination of the dead body of the deceased Bijendra Rai. P.W. 9 is another doctor, Dr. Naval Kishore Jha. He had prepared injury report of the injured persons. P.W. 10 is Dr. Birendra Pd. Trivedi. He had given the first aid to the injured at Parsa Hospital, P.W. 11 is Mustak Ahmad. He is Compounder of Parsa Hospital. P.W. 12 is Brij Kishore Pandey, I.O. of the case. P. W. 13 is Balbhadra Mishra, a format witness. He had collected the blood stained clothes of the deceased and P.W. 14 is Sudama Prasad. He is also a formal witnesses.