Criminal Appeal (SJ) No.76 OF 1994 ******** Against the judgment and order of conviction dated 4.3.1994 passed in Sessions Trial No. 143 of 1987/18 of 1992 by the learned 3rd Additional Sessions Judge, Gopalganj. ****** BIRENDRA SINGH S/O DUKH HARAN SINGH R/O VILLAGE BANJARI P.S. GOPALGANJ, DISTRICT- GOPALGANJ ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Akhouri Baidyanath Prasad For the State : Mr. Chaubey Jawahar P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 307/34 I.P.C. and sentenced to rigorous imprisonment of 6 years by the 3rd Additional Sessions Judge, Gopalganj in Sessions Trial No. 143 of 1987/18 of 1992 by the judgment dated 4.3.1994. 2. The prosecution case is that on 12/13-2-85 when the informant had gone out at urinate he saw three persons in the corner of his room who assaulted her and her mother-in-law and the grand mother. Initially the appellants were charged under 302/34 I.P.C for having cause injuries on the informant. Since the specific case of the prosecution was that it was Upendra Singh who gave chura blow to the grand mother and since he died, the rest of the accused were acquitted under Section 302/34 I.P.C. 3. The Trial Court considered that only P.W. 1 was the eye- witness of the occurrence as also the fact that there was pending dispute and litigations between the parties. 4. On going through the facts of the case, I find that the manner of occurrence does not justify the conviction under Section 307/34 I.P.C. and therefore, it is converted to one under Section 326 I.P.C. and the appellant is sentenced to the period already undergone. However, the appellant will be required to deposit a sum of Rs. 2500 within 8 weeks of receipt of notice in this regard from the court below which shall be handed over to the informant/ his family members and in case he fails to deposit the said amount further imprisonment of 6 months rigorous imprisonment is prescribed. 5. With these observations the appeal is dismissed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.