LAWS(JHAR)-2017-2-123

SANTOSH MODI Vs. STATE OF BIHAR

Decided On February 06, 2017
Santosh Modi Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 16.6.2000, passed by the learned Additional Sessions Judge-IInd, Bokaro at Chas in Cr. Appeal No. 63/98, by which the appeal preferred by the petitioners against the order dated 22.8.98, passed by the learned Judicial Magistrate, 1st class, Bokaro at Chas in G.R. Case No. 274/93, by which the petitioner no. 1 has been convicted under Sections 323 and 325 of the Indian Penal Code and petitioner nos. 2 and 3 have been convicted under Section 323 of I.P.C., has been set aside only to the extent of conviction maintained under Section 341 of I.P.C. and sentence has been modified with respect to Section 325 of I.P.C.

(3.) It has been submitted by the learned counsel for the petitioners that conviction is based on the evidence of P.Ws. 1, 2, 3 4 and 5, who claim to be eye witnesses. It has further been submitted that place of occurrence itself has not been established in view of contradictory versions given by P.Ws. 3, 4 and 5 who all are interested witnesses and P.Ws 1 and 2 are independent witnesses. Learned counsel submits that investigating officer of the case has not been examined and in view of such non examination, the same has caused prejudice to the defence as the place of occurrence has not been established. Learned counsel submits that the petitioners have been implicated only on account of previous enmity which was existing between the petitioners and the informant.