MANTU RAI AND ORS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellant No.1 has been convicted under Section 324 I.P.C. whereas appellants No.2 and 3 have been convicted under Sections 323 I.P.C. and sentenced to R.I. for six months and three months respectively by the 7th Additional Sessions Judge, Saran at Chapra in Sessions Trial No.129 of 1993 by judgment dated 9.8.2001.

(2.) The case of the Informant is that on 1.7.1988 when the Informant Ramashray Yadav was going to receive the 'Baraties' along with witness Kamal Yadav, appellant Mantu Rai armed with a farsa, appellants No.2 and 3, namely, Ram Kumar Yadav and Rajesh Yadav armed with lathi reached there and whereas the appellant No.1 gave a farsa blow on his head and snatched the bag containing Rs.4000/- and his wrist watch the other accused persons assaulted him with lathi. The cause of occurrence is said to be old enmity between the parties.

(3.) During trial the prosecution examined five witnesses in all. Out of whom, P.W.5 Om Prakash Narayan is a formal witness, who has proved the fard beyan and formal F.I.R. vide Exhibits 3 and 4. P.W.4 Dr. Krishna Nand had examined the informant and Kamal Rai and found five injuries on the person of the Informant and three injuries respectively, all of which were simple in nature. P.W.3 Ramashray Yadav is the Informant, who supported the case as stated by him in the fard beyan. P.W.1 Kamal Rai, the other injured and F.I.R. named witness has also stated likewise. P.W.2 Ram Naresh Yadav is an eye witness and supports the prosecution case.