KAMESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeals are against the judgment dated 21.4.2003 of the 1st Additional Sessions Judge, Madhepura, passed in Sessions Trial No. 95/99/200/2000 whereby each of the four appellants, namely, (i) Kameshwar Yadav, (ii) Bahadur yadav, (iii) Quddus Mian and (iv) Shiv Shankar Jha has been convicted under Sections 380, 148, 448 and 341 of the Indian Penal Code and respectively sentenced to R.I. for three years, R.I. for one year, R.I. for six months and S.I. for one month. The appellant Ram Bilash Yadav has been convicted under Sections 148, 448, 307/149 and 341 of the Indian Penal Code and respectively sentenced to R.I. for one year, R.I. for six months, R.I. for seven years and S.I. for one month. The appellant Sanjay Yadav stands convicted under Section 148, 448, 307/149 and 341 of the Indian Penal Code with respective sentences of R.I. for one year, R.I. for six months, R.I. for nine years and S.I. for one month. The appellant Kaushalendra Yadav has been convicted under Section 148, 448, 307 and 341 of the Indian Penal Code and respectively sentenced to R.I. for one year, R.I. for six months, R.I. for nine years and S.I. for one month.

(2.) THE prosecution was instituted on the written report (Ext.3) of the informant Satyendra Kumar Satya (P.W.7) as filed before the officer -in -charge of Kumarkhand P.S. on 20.5.1998. On the basis of the written report, the formal F.I.R. (Ext.4) was drawan up and investigation commenced. The F.I.R. (Ext.4) discloses the date and time of report at the P.S. respectively as 29.5.1998 at 10 A.M.

(3.) AS many as ten witnesses were examined by prosecution. Out of these, the P.W.1 Rajendra Mandal, P.W.2. Amod Kumar Yadav, P.W.3 Jagdish Yadav, P.W.4 Sikandar Yadav, P.W.5 Bijendra Yadav have been examined as eye -witnesses to the occurrence. P.W.7 Satyendra Kumar Satya is the informant himself and P.W.6 Sanjiv Yadav is informant's son. P.W.8 had examined the injured informant and his son (P.Ws.6 and 7). P.W.9 Suresh Kumar is the I.O. of the case. P.W. 10 Binod Choudhary is also the I.O. Later on, he took charge from P.W.9 and submitted chargesheet.