NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order of conviction dated 11.04.1990 passed by the 2ndAdditional Sessions Judge, West Champaran at Bettiah in Session Trial No.26 of 1979.

(2.) ALL the 13 appellants were first convicted for an offence in relation to Section -302/149 of the Indian Penal Code (hereinafter for brevity 'IPC ') and then as would be noticed some of them have been independently convicted for an offence under Sections -307 & 302 IPC.

(3.) HAVING heard the learned counsel for the appellants, State and perusing the records, first, we find it convenient to deal with the case of appellant no.9, Tribeni Mahto. The only allegation against him, in so far as implicating him is concerned, is at the behest of P.W.7, Mehdi Hasan, who is the nephew of the deceased and an injured witness. He merely names Tribeni Mahto as being person with a 'Lathi '. The other is P.W.12, Manjur Mian, who is the brother of the deceased and who states that Tribeni Mahto had assaulted one person, Sukhlal Thakur with the 'Lathi '.