Criminal Appeal No.32 OF 1995 (S.J.) [Appeal against the judgment and order dated 24.3.1995 passed by the VIIth Additional Sessions Judge, Munger in Sessions Case No.427 of 1991] SHYAM SINGH S/O MUKHDEO SINGH, RESIDENT OF VILLAGE PAHARPUR, P.S. KHARAGPUR, DIST. MUNGER ………. Appellant Versus THE STATE OF BIHAR ………….. Respondent For the Appellant : Mr. Devendra Pd. Singh Advocate Mr. Kamlesh Kr. Sharma, Advocate For the Respondent : Mrs. Renu Kumari, Addl. P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: The appellant has been convicted u/s.325 I.P.C. and sentenced to R.I. for three years by the VIIth Additional Sessions Judge, Munger in Sessions Case No.427 of 1991 by a judgment dated 24.3.1995. 2. The case of the prosecution is that on 18.11.1990 when the informant’s brother Sobhit was plucking grass from the field, the appellant and other co-accused persons came there and started cutting ridge and for amalgamating it with their lands and when stopped from doing so an altercation arose, in course of which the appellant is said to have given three lathi blows on the head of Subhit Singh, on account of which he fell unconscious. 3. During trial the prosecution examined seven witnesses in all. Out of whom, P.W.1, P.W.2 and P.W.3 are the - 2 - alleged eye witnesses and P.W.4 is the injured himself. P.W.5 and P.W.6 are the doctors, whereas P.W.7 is the Investigating Officer. 4. On going through the evidence of P.W.4, I find that even though he has alleged that the appellant had given three lathi blows on the head of Subhit Singh, but P.W.5 and P.W.6 have found only one injury on his person. However that injury was opined to be serious in nature. Even discrediting the evidence of P.W.4 to some extent, the presence of the injury on his person cannot belie the fact that he was assaulted by the appellant with a lathi. 5. In view of such, the appeal is dismissed but with modification in sentence to the period already undergone by the appellant during trial. Patna High Court Dated, 12th May, 2011. NAFR/ Narendra/ ( Anjana Prakash, J. )