IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) NO.865 OF 2008 (1) CHHUTAHARU MANDAL @ CHUTARHU MANDAL (2) ARJUN MANDAL (3) BHIM MANDAL (4) ARUN MANDAL VERSUS STATE OF BIHAR ----------- 2 11.09.2008. Heard learned counsel for the appellants and learned counsel representing the State of Bihar. Appellants have been convicted for offences under section 323 of the I.P.C. and each of them sentenced to undergo RI for a year. Prosecution case as made out in the statement of informant Kutai Mandal on 28.6.2000 giving rise to Falka PS case no. 83 of 2000 (GR case no. 1076/2000), Sessions Trial No. 505 of 2001 is as follows:- On account of dispute arose due to passing through the path of worship place, the appellants armed with deadly weapons forcefully entered into the house of the informant and assaulted the prosecution side with Lathi, Danda, Kulhari, bricks etc. Prosecution examined altogether nine witnesses in support of its case, whereas informant was examined as court witness, whereas P.W. 1 did not support the prosecution case. In view of consistent evidences of the prosecution witnesses this court holds that judgment of conviction of the trial court does not suffer from any illegality, as such, the same is upheld. So far as award of one year imprisonment is concerned, this court find that the occurrence is of the year 2000 and the accused - 2 - persons are co villagers and it is their first offence. As such, in the facts and circumstances of the case, in stead of passing any sentence of imprisonment, I alter the same into one of fine. All the four appellants would deposit a sum of Rs.600/- each in the court below, which would be equally distributed amongst the injured of this case. With the aforesaid modification in the sentence, the appeal stands dismissed. Shashi. (S.P.Singh,J).