Criminal Appeal (SJ) No. 197 OF 1996 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ 1. Ganga Singh. 2. Adya Singh. 3. Lallan Singh, S/o Awadh Singh. R/o Village-Nadiawa, Police Station –Sabour, District-Bhaglpur. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants: Mr. Mukul Prasad, Adv. : Mr. Mithilesh Tiwary, Adv. : Mr. Arun Kumar, Adv. For the State : Mr. J.K. Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants No. 1 and 2 have been convicted under Section 323 IPC and sentenced to RI for six months whereas the appellant No. 3 has been convicted under Section 324 IPC and sentenced to RI for one and half years by the 2nd Additional Sessions Judge, Bhagalpur in S.Tr. No. 90 of 1993 by a judgment dated 14.08.1996. 2. The case of the prosecution is that on 18.10.1991 when the informant P.W. 4 was getting his foundation laid in front of his house the accused persons came there and asked him to stop the further cutting of foundation and when he did not do so he was assaulted by the accused persons with Khanti. 3. The prosecution in all examined seven witnesses out of whom P.W. 4 is the informant. P.W. 5 is the Investigating Officer and P.W. 6 and P.W. 7 are the Doctors who had treated the injured informant. P.W. 1 is the son of the informant whereas P.W. 2 and P.W. 3 are the corroborative witnesses. 4. On going through the evidence of the material witnesses, I find that they are completely consistent with manner of occurrence and the Doctor has also further objectively corroborated the prosecution case. Therefore there is no reasonable cause for interfering with the conviction of the Appellants. However, the sentence is modified to the period already undergone by them during trial. 5. In the result, the appeal is dismissed with aforesaid modification. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 16th May, 2011. NAFR/Vikash/-