JAMUNA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application in revision is directed against an order passed by the learned Additional Sessions Judge. Third Court, Patna, passed in Criminal Appeal No. 31 of 1969, setting aside the order of conviction and sentence passed against the petitioners by a Munsif -Magistrate. First Class, Dinapore, and remanding the case to the trial Court with a direction to afford an opportunity to the prosecution to examine two injured witnesses who could not be examined during the trial.

(2.) THE learned Munsif -Magistrate had convicted petitioner No. 1 under Sections 326 and 148 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years under Section 326 and for one year under Section 148. Petitioner No. 2 had been convicted under Sections 323, 147 and 326/149 of the Penal Code, and the remaining petitioners were convicted under Sections 147, 325/34 and 326/149 of the Indian Penal Code.

(3.) AT the trial, the prosecution examined witnesses in support of its case, but it appears that the aforesaid two injured witnesses, Jadu and Rajbali, could not be examined on behalf of the prosecution. The learned Munsif -Magistrate, on the materials on record, came to the conclusion that the prosecution had proved its case against the accused persons. The petitioners were, accordingly, convicted and sentenced.