Criminal Appeal (SJ) No. 129 OF 1994 ******** Against the judgment and order of conviction dated 10.5.1994 passed in Sessions Case No. 315 of 1991 by the learned Additional Sessions Judge VII, Munger. ****** 1. JAI PRAKASH JHA S/O LATE KRIT NATH JHA 2. BRAHMDEO SANGAHI S/O NATHUNI SANGAHI BOTH R/O VILLAGE BOGESHWARI, P.S.- KHARAGPUR, DISTRICT- MUNGER ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Shivendra Kumar Sinha Adv. : Mr. Subodh Kumar Jha Adv. For the State : Dr. Indewar Kumar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 307/34 I.P.C. and sentenced to a period of 5 years rigorous imprisonment by a judgment dated 10.5.1994 in Sessions Case No. 315 of 1991 by the learned Additional Sessions Judge VII, Munger. 2. The case of the prosecution is that a dispute arose between the parties on 16.6.1990 where after when the informant went into his house the appellant no.2 Brahmdeo Sangahi poured kerosene oil whereas appellant no.1 Jai Prakash Jha lit the match on account of which he was severely burnt. 3. The prosecution in all examined 16 witnesses out of whom P.W.1 is the informant, P.W. 2, 3, 4, 6, 8, 13 are all relatives of the informant and have supported the prosecution case. P.W. 5 is the doctor who examined the injured and found extensive burnt portions on him. P.W.15 is the Investigating Officer of the case. 4. From the evidence of the material witnesses i.e. P.W. 1, 2, 3, 4, 5, 6, 8 &13 there is no manner of doubt that indeed an occurrence had taken place in which the informant had been severely burnt. However, it appears that there was land dispute between the parties and from the manner narrated, it does not appear to be a case where the appellants had intended to cause the death of the informant. 5. In the result the conviction of the appellant is converted to one under Section 326 I.P.C. and their sentence to a period already undergone. The appellants (if alive) are directed to pay a sum of Rs. 2500/- each to the victim/ his family members within 8 weeks from the date of receipt of notice from the Trial Court, in default of which, appellants would serve further rigorous imprisonment for three months. 6. With the aforesaid modifications the appeal is dismissed. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 19th April, 2011 NAFR/ Fahad.