GORA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal has been preferred against the judgment and order dated 31 -5 -1989 passed by the Sessions Judge, Nawada in S.T. No. 468/84 whereby the appellants have been convicted for the offence under Sections 307/149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years.

(2.) THE occurrence is alleged to have taken place on 4 -1 -1981. It has been alleged by the informant Rajendra Singh that the appellants came variously armed and assaulted him, P.W. 1 and P.W. 2. The motive of the occurrence as alleged was previous enmity and litigation. On the fardbeyan of the informant, a formal First Information Report was drawn and after investigation charge -sheet was submitted under Sections 307/149 of the Indian Penal Code and as such the case was committed to the Court of Session for trial. The trial Court convicted the appellants RS indicated above.

(3.) THE prosecution examined six witnesses, out of whom P.W. 5 was Doctor and P W. 6 was a formal witness, P.W. 4, the informant, supported the prosecution case and stated that he, P.W. 1 and P.W. 2 were assaulted. P.W. 1 stated that on hearing hulla, he went to the place of occurrence and he was also assaulted. Similar is the evidence of P.W. 3 who stated that when he went to the place of occurrence he saw the appellants and they assaulted them, P.W. 5 is the Doctor who examined the injured persons, namely, P.Ws. 1, 2 and 4 the informant. The Doctor stated that injuries found on the person of Ashok Kumar, P.W. 2 and Shyam Kishore Singh, P.W. 1 were simple in nature. However, out of the injuries found on P.W. 4, one was grievous in nature. The Investigating Officer has not been examined in this case. It appears that attention of the witnesses was drawn to the statement made earlier before the police but since the Investigating Officer was not examined the same cannot be taken into consideration. Therefore, it can be said that case of defence has prejudiced for non -examination of the Investigating Officer. However, on broad aspect of the matter, the conviction of the appellants cannot be set aside but it appears that the occurrence took place in the year 1981 i.e. about 19 years ago. It has been stated by the Counsel for the parties that appellants have already remained in jail for about a month.