NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) STATEMENT of Nand Kishore Singh P.W.7 has been made basis for the F.I.R. which, in short, is that there was some dispute in between the parties with respect to fishing from a pond. Pond was being claimed by both the parties. They indulged in altercation and then accused appellants including Awdhesh Singh and others shot firing on informant party on abetment of Rajeshwar Prasad Singh. Several persons from the informant side received injuries.

(2.) ACCUSED appellants of the case faced trial for the offence under section 307/34 of the Indian Penal Code but convicted and sentenced for the offence under section 324/34 of the Indian Penal Code.

(3.) ON the observations made above, evidencve on record and circumstances of the case, the appeal is partly allowed, judgment of conviction and order of sentence dated 29.9.1999 passed in Sessions Trial no. 20/85 for the offence under section 324/34 of the Indian Penal Code is set aside and accepted for the offence under section 323/34 of the Indian Penal Code. ON the point of sentence appellants are ordered to be released after due admonition.