Criminal Appeal (SJ) No. 207 OF 1994 ******** Against the judgment and order of conviction dated 16.6.1994 passed in Sessions Trial No. 373 of 1987 by the learned 2nd Additional District and Sessions Judge, Ara. ****** SAMPAT PANDEY S/O BALA PANDEY R/O- SINHAGHAT P.S. BARHARA (KRISHNAGARH) DISTRICT- BHOJPUR ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : 1. Mr. Kamal Kishor Singh Adv. 2. Mr. Harsh Singh Adv. For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Section 325 I.P.C. and sentence to 3 years rigorous imprisonment and fine of Rs. 1000/- and in default of which further imprisonment of 6 months by the Second Additional District and Sessions Judge, Ara in Sessions Trial No. 373 of 1987. 2. The case of the prosecution is that when the informant who was the sales-man in the liquor shop, was present there, the accused person came there and ask for a bottle of wine free of cost and when he refused the accused-appellant got enraged and assaulted with fasuli on the neck which the informant warded off with his left hand in the transaction of which three fingers of the left hand were chopped off. 3. The prosecution examined 6 witnesses out of which P.W.1 is the owner of the liquor shop and P.W.2 is the informant himself, P.W. 3 is the doctor who gave first aid, P.W.4 is witness of seizure list, P.W. 5 is hostile and P.W.6 is a formal witness who has proved the case diary. 4. On going through the evidence on record, I find that oral evidence is completely trustworthy on the point that three fingers of the informant were chopped off by the Appellant. Even Trial Court had noted this fact in the Judgment under appeal. 5. In view of such, I am not inclined to interfere with the judgment and order of conviction. However, for sentence in the interest of justice, it would suffice if the appellant (if alive) is directed to pay a sum of Rs. 2500/- to the victim/ his family members within 8 weeks from the date of receipt of notice from the Trial Court, in default of which, appellant would serve further rigorous imprisonment for six months. 6. In this result, the appeal is dismissed with modification in the sentence. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 1st April, 2011 NAFR/ Fahad.