JAI PRAKASH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal is directed against judgment and order of conviction dated 23rd May, 1992 passed by Shri D.N. Pathak, 1st Additional Sessions Judge, Madhepura in Sessions Case No. 119/87, whereby and whereunder learned trial court found and held these two appellants and co -accused Kishun Sah (who died after conviction) guilty of committing offences under Sections 325/34, 323 and 506 I.P.C. and, accordingly, convicted and sentenced them to undergo rigorous imprisonment for three years under Section 325/34 I.P.C, rigorous imprisonment for one year under Section 323 I.P.C. and rigorous imprisonment for two years under Section 506 I.P.C. The sentences so passed were ordered to run concurrently. It appears from judgment of learned trial court that initially both above named appellants were charged for the offences under Sections 323, 506, 307/34 and 325/ 34 I.P.C. but as the learned trial court found charge for offences under Section 307/34 I.P.C. not proved learned trial court convicted and sentenced both the appellants under Sections 325/34, 323 and 506 I.P.C. as mentioned in paragraph 1 of this judgment.

(2.) AS it appears prosecution story relates to an occurrence which took place on 6.11.85 at about 10 A.M. at village Singheshwar (Gouripur), P.S. Singheshwar, district Madhepura.

(3.) THE fardbeyan of Shiv Narain Sao, informant, (P.W. 8) was recorded on the same day i.e., on 6.11.85 at 18 hours at Singheshwar hospital by ASI S. Lal (not examined) of Singheshwar police station. On the basis of Station Diary Entry No. 122 (Ext. 2) the occurrence was reported to Singheshwar Police Station. On the basis of the same formal F.I.R. was drawn up (Ext. 1), investigation of the case was taken up and after completion of investigation charge -sheet was submitted. Later on cognizance of offences was taken and the case was committed to the court of sessions. The appellants alongwith co -accused Kishun Sah were initially charged for the offences under Sections 323, 307/34, 325/ 34 and 506 I.P.C. but as the learned trial court did not find any of the appellants guilty for the offence under Section 307/34 I.P.C. learned trial court convicted and sentenced both the appellants as indicated in paragraph 1 of this judgment.