RAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of the present appeal, appellants seek to challenge the judgment of conviction and order of sentence dated 17.02.2003, passed by Shri Shyam Nandan Prasad Verma, Adhoc Dist. & Sessions Judge, Fast Track Court No. 1, Saran at Chapra, in Sessions Trial No. 332 of 1988 by which the appellants stood convicted under Section 324/34 and 341/34 of the Indian Penal Code (in short the "IPC") and were sentenced to undergo R.I. for one year under Section 324/41 of the IPC. No separate sentence was passed for conviction under Section 341/34 of the IPC.

(2.) Prosecution case as per the fardbeyan of Bharat Singh (P.W. 4) , recorded on 15.08.1987 in Sadar Hospital, Chapra, in short is that on the relevant day, he was returning after attending the call of nature and when he reached near the house of Ram Chandra Singh, all of a sudden, appellants Rameshwar Singh, Banaras Singh @ Anaras Singh and Krishna Singh came variously armed and instigated other accused person to kill him, on which, appellant Banaras Singh @ Anaras Singh gave a knife blow on the neck and right side of abdomen of informant and when he tried to escape, appellant Krishna Singh gave another knife blow from behind, which caused injury to left side of his ear and thereafter, appellant Rameshwar Singh assaulted him on his chest and back by the butt of pistol. On alarm being raised, people assembled and appellants fled away. On the basis of the above fardbeyan Champra Muffasil P.S. Case No. 292/87 was registered against the appellants.

(3.) Police after investigation submitted charge-sheet. Cognizance of the offence was taken and the case was committed to the court of sessions, which ultimately came to the file of Shri Shyam Nandan Prasad Verma, Adhoc Dist. & Sessions Judge, Fast Track Court No. 1, Saran at Chapra, for trial and disposal.