LAXMI PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment and order dated 29 -5 -1989 passed by 7th Addl. Sessions Judge, Rohtas at Sasaram in S.T. No. 1150/165 of 1979/83 whereby the appellants have been convicted for the offence under Sections 307/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for seven years. Appellant No. 2, namely, Hari Narain Pasi has further been convicted for the offence under Section 380 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years.

(2.) THE prosecution case, as alleged in the fardbeyan, is that the Lalan Prasad gave his fardbeyan at Dehri Hospital on 23 -1 -1978 at about 2.30 a.m. stating therein that on 22 -1 -1978 at about 9.30 p.m. he was taking rest in his shop. Some body knocked the door of the shop and as such he opened the door and he saw the appellants in the light of lantern burning there. Appellant Sukhdeo Pasi pushed him, appellant Laxmi Pasi gave a fasuli blow on his neck and appellant Hari Narain Pasi took away box containing Rs. 50/ -. On alarm raised by him his father Suraj Pal, Ram Swaroop and Kameshwar Pal came there. The motive of the occurrence as alleged was that there was enmity with the appellants. On the basis of fardbeyan formal First Information Report was drawn and on completion of investigation charge -sheet was submitted. Cognizance was taken and the case was committed to the Court of Session for trial.

(3.) THE prosecution in support of its case examined seven witnesses, out of whom P.Ws. 1 and 2 were declared hostile. P.W. 3 is the informant, P.Ws. 4 and 5 claimed to have seen the appellants running away P.W. 6 is Doctor who examined the informant, P.W. 3. P.W. 7 is a formal witness.