All the three companyvicts preferred companymon appeal to the High Court of Judicature at Patna.
Relying on the testimony of the injured witnesses, the trial companyrt companyvicted the appellants for the offences aforenoted.
Having failed to do so, the evidence of PW 4 and PW 5 should be discarded as being closely related to the victim Ajay Kumar, they were highly interested and prone to falsely implicate the appellants, particularly when PW 4 was also involved in civil and criminal litigation with one of the appellants herein.
The High Court upheld the decision of the trial companyrt, which has resulted in the present appeal.
They along with some other bystanders raised halla shouting , whereupon the informant and others reached the spot and tried to rescue the victim, who turned out to be the son of the said Hardeo Chaudhary.
The motive of occurrence was given as previous enmity.
The case of the prosecution in brief was that on 17th July, 1988 at about 6 p.m. the informant PW 5 along with Bijoy Kumar Sanyal, Hardeo Chaudhary and Kishan Singh had gone to Dharampur Haat Market to make some purchases.
Meanwhile, appellant, A 3 who was carrying a Hasua and appellants, A 1 and A 2 who were carrying daggers assaulted the informant and other persons.
Hardeo Chaudhary sustained injuries in his abdomen whereas Bijoy Kumar Sanyal sustained dagger injuries in his chest and thigh and Kishan Singh sustained injuries on his head.
They saw the appellants dragging a person out of the Haat towards the road.
Fardbeyan of the informant was recorded by the A.S.I. of Pirbahore police station and was forwarded on the next day to the officer incharge of Bidupur police station within whose jurisdiction the occurrence had taken place.
They were badly injured.
The three appellants in this appeal, namely, Ashok Kumar Chaudhary, Kailash Chaudhary and Baiju Chaudhary hereinafter referred to as appellants A 1 to A 3 respectively arrayed as accused Nos.1, 3 and 2 respectively in the charge sheet, faced trial in Sessions Trial Case No.
Arising out of S.L.P. Criminal No.4979 of 2007 REPORTABLE K. JAIN, J. Leave granted.
After companypletion of investigation, charge sheet was submitted against the appellants under Sections 324, 307 read with Section 34 I.P.C. Out of the total nine witnesses examined by the prosecution to establish its case, five were the persons who had been injured in the assault.
As numbered above, companyviction and sentences awarded to the appellants have been affirmed by the High Court.
On the basis of the fardbeyan, a formal F.I.R. was registered.
However, appellant, A 2 was found guilty of offence under Section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for three years.
187 of 1989, for having companymitted offences punishable under Sections 324 and 307 read with Section 34 of the Indian Penal Code, 1860 for short the I.P.C. The trial companyrt found appellants A 1 and A 3 guilty of offence under Section 324 I.P.C. and sentenced them to undergo rigorous imprisonment for two months each.
The fardbeyan was forwarded by the police to the companycerned police station the same day and on the basis thereof, the formal F.I.R. was registered on 22nd July, 1988.
