NIZAMUDDIN MIYA @ MIZAMUDDIN MIYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) ALL the seven appellants have preferred this Appeal against their conviction for the offence under Section 307/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and, appellant nos. 6 and 7 have further been convicted for the offence under Section 323 of the Indian Penal Code but no separate sentence was awarded by the learned 3rd Additional Sessions Judge (FTC), Bhojpur at Ara in his judgment dated 14th August 2002 in Sessions Trial No.10 of 1992 arising out of Ara Muffasil P.S. Case No. 130 of 1991.

(3.) IN order to substantiate the charges, the prosecution had produced the following documents which is as under: - ''Ext.1 Sign of Md. Kamarudin on fardbeyan. Ext.1/1 Sign of Md. Idris Mian on fardbeyan. Ext.2 Fardbeyan. Ext.3 FIR Ext.4 Inquest report. '' Besides examining altogether five witnesses, wherein PW -4, Mahanand Singh, an advocate Clerk is a formal witness proved Ext. 3. PW -1, Md. Kamaruddin stated the prosecution version and proved Ext.1. He further submits that he sustained no injury and claimed to witness the occurrence from the roof. PW -2. Md. Idris, is the informant solitary injured stated the prosecution version and proved Ext.1/1. PW -3, Md. Sadaruddin, stated the prosecution version as an eye witness he is none else than full brother of informant PW -2 but in cross examination at para 6 states when he arrived at the place of occurrence several persons had already their.