MAHABIR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) ALL the four appellants have preferred this appeal against their conviction for the offences under Sections 147, 148, 149, 323/34 and 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each for the offences under Section 147, 148, 323/34 of the Indian Penal Code and seven years for the offences under Sections 307/149 of the Indian Penal Code, however, all the sentences are to run concurrently, as awarded on 29th June, 2002, by learned Additional Sessions Judge, Aurangabad, in connection with Session Trial No. 65/90 / 262/2001 arising out of Kutumba P.S. Case No. 17/1989.

(3.) OUT of seven witnesses, P.W.4 namely, Shyam Lal Sao, P.W.5 namely, Doman Paswan, have declared hostile since said nothing and P.W.7 Awadhesh Kumar is an Advocate Clerk proved Exhibit 2. P.W.1 namely, Baijnath Lal has stated about the prosecution version and in cross examination admits that he has not given any statement to the police and his grand son the informant, had gone to hospital after sustaining injuries along with one Shivdeo Chamar (not examined). P.W. 2 Mamta Kumari, sister of the informant, stated the prosecution version including the informant producing for treatment to Aurangabad Sadar Hospital, where he was treated and gave statement before the police. P.W.6 namely, Rampati Devi is mother of the informant said same thing, but in cross examination accepts about amicable settlement between the parties and filing of compromise petition and there is no dispute left. Last but not the least, P.W. 3 namely, Yogendra Prasad is the informant and said about the prosecution version but for no reasons explained, neither the Investigating Officer has been examined nor the doctor by the prosecution who consequently failed to produce the injury report of the injured informant, who has consistently stated by the witnesses was treated in Sadar Hospital at Aurangabad.