KAMESHWAR MISTRY AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of a judgment passed on 31.1.2000 in Sessions Trial No. 6 of 1987 by the Additional District & Sessions Judge-X, Patna convicting the appellants to undergo R.I. for one year under Section 323 and R.I. for one year under Section 147 of the Indian Penal Code.

(2.) The date of occurrence is 23.3.1986. It is alleged that on the day of Holi all the appellants variously armed came to the place of occurrence and assaulted Shailesh Kumar who was admitted in the emergency ward of Nalanda Medical College & Hospital. His uncle gave 'Beyan' on 24.3.1986 at 12 noon. In this case except for minor variation the witnesses have supported the occurrence and have specified the manner in which the injury was inflicted on Shailesh Kumar by lathi, rod, katta and fist. It has been alleged that Shailesh Kumar could be saved because of the timely intervention of others.

(3.) It has been argued on behalf of the appellants that there is no injury report to support the occurrence and that the Investigating Officer has not been examined to substantiate the case of the witnesses and statements given before him regarding the manner and place of occurrence and as such it is fit case in which this Court should set aside the judgment and order.