Criminal Appeal (SJ) No.124 OF 1995 *** Against the judgment and order of conviction dated 30.6.1995 passed by the 4th Additional Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 66 of 1992 /82 of 1992. *** 1. ARUN CHOUDHARY son of Mishri Choudhary 2. Mishri Choudhary son of Late Lila Choudhary Both resident of village- Malama, P.S.-Asthawan Sare, District- Nalanda …Appellants Versus THE STATE OF BIHAR …Respondent *** For the appellants : Mr. Anjani Kumar, Advocate & Mr. Sudhir Kumar Upadhyay, Advocate For the State : Mr. S. N. Prasad, A.P.P. *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. Both the appellants have been convicted under section 458 Indian Penal Code but no separate sentence has been passed under that count. In addition to that, appellant no.1 has been convicted under section 323 Indian Penal Code and sentenced to rigorous imprisonment for one month and appellant no.2 has been convicted under section 324 Indian Penal Code and sentenced to rigorous imprisonment for six month in Sessions Trial No. 66 of 1992 / 82 of 1992 by the 4th Additional Sessions Judge, Nalanda at Biharsharif, by judgment dated 30.6.1995. 2. The case of the prosecution according to P.W.6, Raj Kumar Prasad, is that when he was sleeping in his house, he heard some noise at which he came out and he saw the appellants there and on protest they were assaulted by the appellants who were purportedly thieves. - 2 - 3. The prosecution examined nine witnesses in all, out of whom, P.W.1, 2 and 3 are co-villagers of the informant, whereas, P.W. 4 and 5 are the injured. P.W.6 is the informant and also an injured. P.W.7 is the doctor, who had examined Parsadi Mahto (P.W.5), P.W.9 is another doctor, who examined P.W.6 Raj Kumar Prasad and P.W.4 Subhash Prasad. Undoubtedly, as per the doctor’s evidence all the injuries sustained by the injured were simple in nature. 4. On a fair assessment of the material injured witnesses, I find that they have fully supported the manner of occurrence and the doctors have also corroborated the same on the physical examination of the injured. 5. Under the circumstances, I find no merit in the appeal. However, the period already undergone by the appellants during trial shall be sufficient sentence in the ends of justice. 6. In the result, the appeal is dismissed with modification in the sentence. (Anjana Prakash,J.) Patna High Court, Patna. Dated the 13th May, 2011 NAFR/ JA/-