SARJUG PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE aforementioned five petitioners have been found guilty of the charges under Sections 147 and 323 of the I.P.C., and each one of them has been sentenced to suffer simple imprisonment for eight months under each count. Petitioner No.1 has been further found guilty of the offence punishable under Section 324 of the Indian Penal Code and sentenced thereunder to suffer further one year's rigorous imprisonment. The sentences have, however, been ordered to run concurrently. They, having lost the appeal against the order of conviction before the Sessions Judge, have filed this application in revision challenging the order of conviction and sentence passed against them.

(2.) THE case against the petitioners arose on information before the police lodged by Rameshwar Singh at the Police Station. Short facts of the case are as follows -

(3.) SHORT point raised on behalf of the petitioners is that there was a counter -version of the case of which both the Courts below failed to take notice of and made totally a wrong appraisal of the evidence. Normally, this Court, sitting in revision, would not have entered into discussion for re -appraisal of evidence in a case finally concluded by both the Courts of facts, but, taking into consideration that the Courts below committed serious error in not taking into consideration, the injuries found on the two petitioners, namely, petitioners, 1 and 2 said to have been caused to them in the same occurrence, it appears essential to examine the counter -version of the case brought on the record in evidence.