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2011 DIGILAW 984 (PAT)

Ram Prit Rai v. State Of Bihar

2011-05-05

ANJANA PRAKASH

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JUDGEMENT Anjana Prakash, J. 1. The Appellants No. 1 and 2 have been convicted under Section 324 Indian Penal Code and sentenced to Rl for 3 years whereas Appellants No. 3 and 4 have been convicted under Section 323 Indian Penal Code and sentenced to Rl for 3 months by the First Additional Sessions Judge, West Champaran, Bettiah in S. Tr. No. 386 of 1987/50 of 1995 by a judgment dated, 22nd July, 1995. 2. The case of the prosecution is that on 3rd April, 1985 when the Informant was harvesting his wheat crops the Accused persons variously armed came there and the Appellants No. 1 and 2 assaulted him with the "Farsa" whereas the rest of the Appellants assaulted him with the lathis. 3. The prosecution in all examined six witnesses out of whom PW. 5 is the Doctor who examined the Informant and found four injuries on his person but apart from Injury No. 1 the rest were simple in nature. PW. 1, PW. 2, PW. 3 and PW. 4 are witnesses on the factum of occurrence whereas PW. 6 is a formal witness. The prosecution has not examined Investigating Officer. 4. On behalf of the defence, it was urged that in fact the land belonged to them and the prosecution party was the aggressor and on the said date they had been assaulted for which a counter-case has been instituted by the Accused persons. 5. On going through the evidence of material witnesses, I find that they are all interested and in absence of examination of any independent witness as also the non-examination of the Investigating Officer, I am not inclined to sustain the conviction of the Appellants on the basis of evidence of only partisan witnesses. 6. In the result, the appeal is allowed and the judgment dated, 22nd July, 1995 passed by the Additional Sessions Judge, West Champaran at Bettiah in S.Tr. No. 386 of 1987/50 of 1985 is set aside. The Appellants are discharged of the liability of their bail bonds. 4. However, if the Appellant No. 1 is alive he is directed to pay a sum of Rs. 1,000 to the victim/his family within a period of 8 weeks of receipt of such notices from the Trial Court in case he fails to do so an imprisonment of 6 months Rl.