MARAI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated and order of sentence dated 19.12.2002, passed by Sri Uma Kant Srivastava, the then 7th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 186/96, by which the appellants, above named, stood convicted under Section 324 / 34 of the Indian Penal Code (hereinafter referred to as the "IPC") and were sentenced to undergo R.I. for 01 year each.

(2.) Prosecution case as per the fardbeyan of Sabad Rai (P.W. 8) in short is that on 26.06.95, some children of family of Anmol Rai were throwing sand of the informant and when they objected, some altercation took place between the informant and appellant Marai Rai. In the meantime, appellants Jeetendra Rai and Chandeshwar Rai arrived there being armed with knife. Appellant Marai Rai assaulted the informant by means of fists and slaps and appellant Jeetendra Rai gave a knife blow to the informant and appellant Chandeshwar Rai opened fire but that did not hit the informant and he assaulted the informant by butt portion of the pistol. On hulla, people assembled and appellants -accused fled away.

(3.) Aforesaid fardbeyan of the informant led to registration of Chapra (Muffasil) P.S. Case No. 174/95.