Criminal Appeal (SJ) No.127 OF 1995 *** Against the judgment and order of conviction dated 22.05.1995 and 23.05.1995 passed by the 1st Additional Sessions Judge, Siwan, in Sessions Trial No.15 of 1988. *** 1. HABIB MIAN son of Salauddin, & 2. Ish Mohammad Mian @ Ish Mohammad son of Hussaini Mian, both resident of village- Kaithauli, Police Station- Mairwa, District- Siwan …Appellants Versus THE STATE OF BIHAR …Respondent *** For the appellants : Mr. Gopal Shankar, Advocate & Mr. Anirudh Kumar Sinha, Advocate For the State : Mr. Binod Bihari Singh, APP *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The appellant no.1 has been convicted under sections 324 and 379 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months under both counts, whereas, appellant no.2 has been convicted under sections 337 and 324/34 Indian Penal Code and sentenced to undergo rigorous imprisonment for six months under both counts by the 1st Additional Sessions Judge, Siwan, in Sessions Trial No.15 of 1988 by judgment and order of conviction dated 22.05.1995 and 23.05.1995 respectively. 2. The case of the prosecution, according to P.W.6, is that on 01.06.1985, when he was going to his village, the three accused persons caught him and thereafter appellant no.1 took out rupees seven hundred from his pocket and assaulted him with a knife while appellant no.2 was catching hold of him. 3. During trial, the prosecution examined eight witnesses, out of whom, P.W.8 is the Investigating Officer, P.W.6 is the informant and - 2 - P.W.7 is the doctor, who examined the informant, P.W. 5 and 6 are the eye witnesses on the factum of occurrence. P.W.5 was also injured in the transaction when he came to save the informant. P.W. 2, 3 and 4 had also allegedly reached the place of occurrence and identified the appellants while fleeing away. P.W. 1 is formal witness. 4. On going through the evidence of the material witnesses, there is no manner of doubt that the appellants had, in fact, waylaid the informant and committed theft as also assaulted him which is corroborated by the doctor and Investigating Officer. 5. In view of such, the appeal is dismissed but in the interest of justice, the sentence of the appellants is modified to the period already undergone by them during trial. 6. In the result, the appeal is dismissed with modification in sentence. (Anjana Prakash,J.) Patna High Court, Patna. Dated the 13th May, 2011 NAFR/ JA/-