NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants, six in numbers, have challenged the judgment and order dated 31st August, 2004 passed in Sessions Trial No. 496 of 1989/Trial No. 406 of 2004.

(2.) AS far as appellants 1 to 4 are concerned, charges were framed under Sections 307/149 of the Indian Penal Code which was altered to Sections 324/149 of the Indian Penal Code. Bameshwar Singh and Murari Singh, appellant Nos. 5 and 6 were convicted under Section 323 of the Indian Penal Code.

(3.) LEARNED Counsel for the appellants submits that the all the appellants are in Government service and there are no complaints against them. The cause of the occurrence was a dispute with respect to the stealing of a goat which was kept for offering to the Goddess Durga on the eve of marriage of the daughter of the informant. Most of the injuries were simple in nature. The doctor in this case has not been examined to prove that grievous injuries were inflicted which has caused prejudice to the appellant. It appears that a counter ease was also filed in which the informant's side was acquitted vide Criminal Appeal No. 80 of 1993. There are no overt acts attributed against the appellants 1 to 4 except to say that they were members of unlawful assembly.