ACHAL SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) SINCE all these appeals arise out of one case, they are being taken up together and are disposed of by this composite judgment.

(2.) HEARD learned counsels appearing on behalf of the parties.

(3.) THE prosecution case in short, as reveal from the Fardbeyan (Ext.1/1) of P.W.2, namely, Suresh Prasad, recorded on 01st October, 1990 by A.S.I., namely, R.D. Rai (not -examined), of Bhagwan Bazar police station at emergency ward of Sadar hospital, Chapra at 22.00 hours, is that roughly just an hour before the appellant, namely, Munna @ Munna Srivastava, came on a motorcycle and attempted to get it on newly constructed drain with assistance of appellant, namely, Deo Kumar Prasad @ Green, which was objected on the ground that drain has recently been constructed and it may be damaged and such damage may be avoided by taking the bike with the help of Patra (wooden piece). On such protest, appellant, namely, Munna @ Munna Srivastava, took out the pistol from the dickey of the bike and appellant, namely, Deo Kumar Prasad @ Green, took Farsa from his son, namely, Prabhakar (non -appellant), and with intention to kill aiming neck of the informant gave blow, anyhow, due to resistance by the informant, it could cause injury on the left hand near the elbow, wherein, the bleeding started and he felled down. Then the appellants, namely, Achal Srivastava, Amit Srivastava, Chanchal Srivastava and Ajay Srivastava, have started assaulting the informant by means of Lathi -Danda on his back, chest and legs etc. only because of some dispute. On alarm, other persons arrived and he (informant) was brought to hospital, where he was being treated and got his statement recorded.