Criminal Appeal (SJ) No. 146 OF 1994 ******** Against the judgment and order of conviction dated 24.5.1994 passed in Sessions Trial No. 289 of 1989 by the learned 4th Additional Sessions Judge, Chapra. ****** 1. RAMA SHANKAR RAI S/O BIBHUTI RAI 2. OM PRAKASH RAI S/O BIBHUTI RAI 3. BIBHUTI RAI S/O JAI RAM RAI 4. JAI KISHUN RAI S/O JAI RAM RAI 5. UMESH RAI S/O JAI KISHUN RAI ALL R/O VILLAGE CHHITAR CHAK, P.S.- SONEPUR, DISTRICT- SARAN ……..….. Appellants Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Mr. Arbind Kumar Singh Adv. For the State : Mr. Satya Nr. Pd. 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 307, 324 and 148 I.P.C. and sentenced to rigorous imprisonment for 7 years, 1 year respectively and no separate sentence under Section 148 I.P.C. whereas the appellant nos. 2 to 5 have been convicted under Sections 323 and 147 I.P.C. but released on Probation of Offenders Act on surety of Rs. 2000/- for keeping good behaviour for a period of one year, by the 4th Additional Sessions Judge, Chapra in Sessions Trial No. 289 of 1989 by a judgment dated 24.5.1994. 2. The case of the prosecution is that on 22.7.1987 when the informant had gone to attend the call of nature he found the sheep of the appellant no.3 grazing crops at which he protested. He was then assaulted by the accused persons with Farsa and lathi on the head. 3. The prosecution in all examined 7 witnesses out of whom P.W.1 is the informant whereas P.W. 1, 2, 3 are witnesses of the occurrence and P.W.4 is the son of the informant whereas P.W.6 is the doctor who examined the injured. The Investigating Officer was examined as P.W.7. 4. On going through the evidence of P.W.6 the doctor, I find that he had found a simple injury on the person of the injured. The manner in which the occurrence took place and the nature of injuries does not suggest that the intention of the appellant no.1 was to cause death of the informant. However the witnesses have given a trustworthy narration of the occurrence. 5. In view of such, the conviction of the appellant no.1 is converted to one under Section 323 I.P.C and even he is released on Probation of Offenders Act on executing bond of Rs. 2000/- with two sureties of the like amount to keep peace and good behaviour for a period of one year from the execution of the bond whereas the appeal of the rest of the appellants is dismissed without modification. In the result, the appeal is dismissed with the modifications as noted above. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 19th April, 2011 NAFR/ Fahad.