KRISHNA SAH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Sections 326/34 and 341 IPC whereas the Appellant, Krishna Sah has been convicted and sentenced to RI for five years and fine of Rs. 1,000/ -. The sentence of the Appellants, Radhey Shyam Sah and Ram Ekbal Sah is to the extent of two years RI by the Additional Sessions Judge, F.T.C. III, Motihari in S. Tr. No. 431/89/139/2002 by judgment and order dated 07.05.2002. The case of the Informant is that on 26.01.1989 at about 10 P.M. while his brother, Jai Lal Sah after closing his shop was returning accused, Ram Ekbal Sah and Radhe Shyam Sah caught hold of his hands whereas accused, Krishna Sah threw acid on his face on account of which his face was badly burnt and his eye was damaged.

(2.) THE defence of the Appellant, Krishna Sah was one of alibi that he was under medical treatment on the date of occurrence.

(3.) P .W. 2, Daroga Sah also supported the same version as given out by P.W. 1, Khairu Rai.