SIYA BELDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted under Section 307/34 IPC and sentenced to RI for five years. The Appellant No. 1 has been convicted under Section 324 IPC and sentenced to RI for one year by the judgment dated 21.06.2000 in S.Tr. No. 97 of 1994 by the Sessions Judge, Nalanda at Biharsharif.

(2.) THE case of the Informant is that on 14.11.1992 he heard a cry upon which he reached the place from where the cries were being raised and met Binda Manjhi and who told him his brother Gariban Ram is crying. He saw his brother Gariban Ram injured. He told him that Siya Beldaur had assaulted him with a dagger on account of which he became unconscious.

(3.) DURING trial the prosecution has examined three witnesses out of whom P.W. 1, Gariban Ram has stated that on the date of occurrence when he was returning home after escorting accused who had been arrested by the ASI and reached the field in between village Beldha and Damodarpur he saw accused Siya Beldar and Vijay Prasad who surrounded him and accused, Siya Beldar thereafter instigated Vijay Prasad then he himself proceeded to assault him with dagger on his face and on the left eye as also with the butt of the dagger on the mouth due to which his teeth were broken. He started screaming at which the witnesses gathered and then he was brought to the police station where he became unconscious. He has admitted the fact that Vijay Prasad, Appellant No 2 who was not named in the First Information Party was on litigating terms with him.