RAMASHISH RAVIDAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 17th of July, 2000 passed by the 7th Additional Sessions Judge, Gaya in Sessions Case No. 87 of 1999/279 of 1996 convicting the appellant no. 1 under Section 307 of the Indian Penal Code to undergo rigorous imprisonment for a period of seven years and under Section 324 to undergo rigorous imprisonment for a period of three years. The appellant no. 2 Suresh Ravidas has been convicted and sentenced to undergo rigorous imprisonment for three years under Section 325 and six months under Section 323 of the Indian Penal Code.

(2.) THE prosecution case, as narrated by the Patna High Court CR. APP (SJ) No.293 of 2000 dt.16-07-2012 informant Balchand Ravidas (P.W.6) is that on 06.04.1995 the appellants were cutting bamboo plants. The informant protested whereupon the appellant no. 2 inflicted a lathi blow on the informant, whereas the appellant no. 1 inflicted one axe blow which injured the finger of the informant. The informant's younger brother intervened in the dispute, he too was assaulted by appellant no. 1 by inflicting axe blow on his head whereas appellant no. 2 inflicted lathi blow on his legs and chest. The wife of the informant was also injured as she was assaulted by appellant no. 2 by lathi.

(3.) P.W.5 Nanhak Ravidas is also an eye witness in this case. He supports the prosecution version of the occurrence.