KISHORE RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned Additional Public Prosecutor for the State.

(2.) THE two appellants have preferred this appeal against their conviction for the offences under section 324/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and fine of Rs. 200/ -, in default, further to undergo rigorous imprisonment for three months, as awarded by learned 6th Additional Sessions Judge, Saran at Chapra, on 5th July, 2001, in connection with Session Trial No. 288/90 arising out of Amnour P.S. Case No. 127/88.

(3.) DURING trial prosecution has produced by way of documentary evidence only Fardbeyan (exhibit 1) and formal First Information Report (Exhibit 2) besides producing four witnesses out of whom P.W.2 Sant Lal Rai and P.W.4 Ramdeo Rai were tendered for cross examination, during which they have stated about not witnessing the names of assailants. P.W.1 Vidya Singh and P.W.3 Dhup Nath Singh, though in examination in chief stated about the prosecution version but could not stood the test of cross examination.