Criminal Appeal (SJ) No. 197 OF 1994 ******** Against the judgment and order of conviction dated 27.6.1994 passed in Sessions Trial Case No. 377/1991 by the learned 2nd Additional Sessions Judge, Jamui. ****** 1. AMBIKA YADV S/O KAILU YADAV 2. SHARIF YADAV S/O KAILU YADAV 3. MUNARIK YADAV S/O JAGO MARAR 4. RAMDEO YADAV S/O JAGO MARAR 5. RAMDEO YADAV S/O JAGO MARAR 6. SHINDHESHWAR YADAV S/O JAGO MARAR 7. NAGESHWAR YADAV S/O SHARIF YADAV ALL R/O VILLAGE- ISLAMNAGAR, P.S. CHANDRADIP, DISTRICT- JAMUI ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Brahmdeo Pd. 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 appellants were convicted under Section 148, 307/149 I.P.C. and sentenced to rigorous imprisonment for 1 year, 7 years respectively by the 2nd Additional Sessions Judge, Jamui in Sessions Trial Case No. 377/1991 by a judgment dated 27.6.1994. 2. The case of the prosecution is that on 14.7.1990 at about 7 a.m. all the accused persons variously armed surrounded Gariba Yadav and variously assaulted him on account of which he was severely injured. 3. The prosecution to prove its case examined 10 witnesses out of whom P.W.1 is formal and P.W.9 is the doctor who examined the inured whereas the P.W. 10 is the Investigating Officer, P.W. 2, 3, 4, 5, 6, 7, 8 are on the factum of the occurrence. 4. On going through the documents, I find that there were more than 20 injuries caused on the injured but most of them appeared to be skin deep even though the injuries were caused by sharp edged weapon. All the prosecution witnesses have no doubt supported the manner of occurrence but in the facts of the case especially looking into the injuries sustained by the injured it does not appear to be a case under Section 307/149 I.P.C. 5. In view of such, the conviction of the appellants is maintained but with modification that instead 307/149 I.P.C. they are convicted under Section 326 I.P.C. and sentenced to a period already under gone. However all the appellants, if alive, shall be required to pay a fine of Rs. 500/- each to the victim/his family within 8 weeks from the receipt of notice with regard to the same by the Trial Court and in case they fail to do so they shall be sentenced to rigorous imprisonment for 3 months each. 6. With the aforesaid modifications the appeal is dismissed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 31th March, 2011 NAFR/ Fahad.