BIDYA PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 323 I.P.C. and sentenced to R.I. for six months by a judgment dated 13.12.2001 passed by the Presiding Officer, 1st Additional Fast Track Court, Siwan in Sessions Trial No.333 of 1981/183 of 2001.

(2.) THE case of the prosecution according to the Informant (P.W.3) is that on 8.2.1981 at about 9 A.M. Appellant Bidya Pandit was cutting bamboo in his clump. The Informant and his brother Shri Kishun Pandit protested at this which led to a scuffle between the parties, in course of which Raghunandan Pandit, Roshan Pandit and Asharfi Pandit, who died during trial, came with lathis. The accused Asharfi Pandit took a tangi from his son Vidya Pandit (Appellant No.1) and struck a blow on the head of Kishun Pandit, who fell down. Thereafter Appellant No.2 assaulted the Informant with a lathi which hurt his left thumb. On alarm several witnesses came and took the injured to the Hospital, where Shri Kishun Pandit died. Charge sheet was submitted under Section 302/34 I.P.C. and the Appellants were also put on trial for the said offence but they were acquitted of the said charges and convicted as mentioned above.

(3.) ON going through the evidence of the witnesses, I find that the entire case is based upon the testimony of the two witnesses, namely, P.W.3 and P.W.4. No doubt both of them have supported the prosecution case but I find that the two are closely related to each other and hence interested witnesses. In absence of any independent corroboration from the independent witnesses, it would be highly unsafe to rely on the sole testimony of the interested witnesses in the background of admitted dispute over the bamboo clump.