Criminal Appeal (SJ) No. 187 OF 1994 In the matter of an appeal under Section 374 (2) of the Code of Criminal Procedure. ************ 1. Badri Mandal, S/o Mahadev Mandal. 2. Prithvi Mandal, S/o Nanhu Mandal. 3. Chamru Mandal, S/o Mahagu Mandal. 4. Baiju Yadav, S/o Shital Yadav. 5. Madan Mandal, S/o Prasadi Mandal. 6. Bhola Mandal, S/o Baidyanath Mandal. 7. Puran Mandal, S/o Baidyanath Mandal. 8. Halsu Mahto, S/o Ayodhi Mahto. All R/o Village-Khaira Lanchand, P.S.-Falka, District-Katihar. Versus THE STATE OF BIHAR------(Respondent) ************ For the Appellants : Mr. Amish Kumar, Adv. For the State : Mr. Choubey Jawahar, APP. ************ P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ************* Anjana Prakash, J. The appellant No. 1 has been convicted under Section 304 Part II IPC and under Section 148 IPC and sentenced to RI for seven years and two years respectively whereas appellants No. 2 to 8 have been convicted under Section 148 and sentenced to two years RI. The case of the prosecution is that on a simple dispute over cutting of a sesum tree a dispute arose between the parties in which the appellant No. 1 is said to have assaulted the deceased with the “Kulhari” on the stomach. The prosecution examined seven witnesses out of whom P.W 1 and P.W. 2 are on the factum of the 2 occurrence whereas P.W. 4 is the informant, P.W. 3 and P.W. 5 are tendered, P.W. 7 is the Doctor and P.W. 6 is the Investigating Officer. It has been submitted on behalf of the appellants that the appellant No. 1 was permitted to be released on bail by order dated 28.08.1995 by this Court noting therein that even though he had been sentenced to RI for seven years he had already remained in custody for six years. Considering that the material witnesses are consistent on the point of the manner of occurrence and the Doctor has also proved the injury on the person of the deceased which fully corroborates the prosecution case, I am not inclined to interfere with the judgment of conviction. In view of such, the appeal is dismissed but with the modification that sentence undergone by the appellants would be sufficient in the interest of justice. With the aforesaid observations, the appeal is dismissed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 31st March, 2011. NAFR/Vikash/-