RAMESHWAR SAH Vs. RUPLAL SAH

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the respondent.

(2.) BOTH the appellants have preferred this appeal against their conviction for the offences under Section 324 of the Indian Penal Code and sentenced to pay fine of Rs. 5,000/ - each, in default to undergo imprisonment for one year as awarded by learned 3rd Additional Sessions Judge, F.T.C., Motihari on 15th June, 2002 in Sessions Trial No. 221 of 1986, arising out of Mehsi P.S. Case No. 41 of 1984, instituted for the offences under Sections 342, 447, 326 and 307 of the Indian Penal Code.

(3.) OUT of whom PW.1 Bhikhari Chaudhary, PW.2 Lakshaman Sah and PW.3 Gonour Sah were declared hostile and PW.6 Devendra Jha is a formal witness proving Exhibit -1 and PW.7 is Shriya Devi is not an eye witness of the occurrence who could be able to see the injuries sustained by her mother -in -law (P.W.4) and came to know about the occurrence through her. PW. 5 Lal Babu, grand -son of the informant appearing as an eye witness and states the prosecution version and bringing the injured informant to Hospital. PW. 4 Muneshwari Devi states her case and narrates the details of the injuries sustained and the manner etc.