UMESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT nos.1 and 5 have been convicted under sec. 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years. Appellant nos. 2, 3 and 4 have been convicted under sec. 147 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year. Further appellant no.5 has been convicted under sec. 324 of the Indian Penal Code. Appellant nos.2 and 3 have been convicted under sec. 325 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three years. Further appellant nos.1 and 4 have been convicted under sec. 324/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for two years. All the sentences were ordered to run concurrently.

(2.) THE prosecution case, in short, is that on 15.7.1988 at about 8 P.M. when the informant was returning his village from Nawadah and reached near Bhuthi bridge situated between Gogan and Nimdarganj, the accused persons variously armed with pistol, iron rod, Chura and lathi came to him and threatened him to do away his life. Accused Ranjay Kumar and Anugrah Singh threw him down on the ground and accused Anil Kumar attempted to take out his eye by means of Chura. He also cut the ear of the informant with Chura. It has been further alleged that accused Ranjay Kumar and Anugrah Singh assaulted with iron rod and Danda and broke his teeth. Thereafter accused Umesh Singh deprived him of a wrist watch and golden ring worth Rs. 2100/ - Accused Sudhir Singh deprived him of Rs. 8000/ - in cash from his bag besides some Government papers. The witnesses accompanying the informant did not intervene because they were also assaulted to some extent. The informant was brought to Sadar Hospital Nawadah where he gave his Fardbeyan (Ext.2) Thereafter the formal F.I.R. was registered. The police after completion of investigation submitted charge sheet against the accused persons. Thereafter the cognizance was taken and the case was committed to the court of session for trial and finally the trial concluded with the result as indicated above.

(3.) THE prosecution in order to prove its case has examined altogether eight witnesses. P.W.1 Birendra Prasad Singh, P.W.2 Shree Narayan Singh and P.W.3 islam, who claimed to be the eye witnesses. P.W.7 Ram Chandra Prasad Sinha and P.W.8 Naresh Kumar Sharma are the formal witnesses. P.W.4, Chandrika Prasad Singh, is the full brother of the informant. He is a hearsay witness. P.W.5, Satya Narayan Singh is the informant of this case. P.W.6, Bhirgesh Singh has been tendered for cross -examination.