SURENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Appellants have been convicted for the offence under Sections 307/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for three years in Sessions Case No. 424 of 1993 by a Judgment and order of conviction dated 30.1.2002 passed by the Presiding Officer, FTC Additional Court -III, (Adhoc District & Sessions Judge), Patna.

(2.) THE case of the Prosecution according to the Complaint petition of Sheo Kumar is that on 25.8.1992 while he was working at the Pumping set of one Jitender Singh of same village, his cousin Sunil came there and told him that the accused persons are breaking the door of the house of his uncle Laxman Singh. On receiving this information, he rushed there and found that all the accused persons have surrounded his uncle armed with deadly weapons and then accused Nawal Kishore Singh and Dasrath Singh assaulted the Complainant with iron rod causing injuries over his head, back and left hand, as a result of which, he became unconscious and brought to the Hospital where he was admitted on the same day.

(3.) DURING Trial, the Prosecution examined nine witnesses. PW -1 Jadunandan Singh, uncle of the Informant, stated that on the date of occurrence, he saw the Appellants assaulting the Informant. However, he stated that he reached the place of occurrence 10 -15 minutes later.