Criminal Appeal (SJ) No.155 OF 1994 (Appeal against the Judgment and Order dated 6.6.1994 passed by the 1st Additional Sessions Judge, Patna, in Sessions Trial No. 393 of 1991) 1. JAMADAR ROY, SON OF RAJ NANDAN ROY 2. SHIV KUMAR ROY, SON OF RAJ NANDAN ROY 3. RAJ KUMAR ROY, SON OF RAJ NANDAN ROY 4. RAJ NANDAN ROY, SON OF HARBANCH ROY 5. ALL RESIDENTS OF VILLAGE – HARDI CHHAPRA SAT ANA, P.S. MANER, DISTT. PATNA. ------ APPELLANTS Versus THE STATE OF BIHAR ----RESPONDENT ---------- For the Appellants : Mr. Ajay Kumar Thakur, Advocate. For the State : Mr. Jitendra Kr. Singh No. 1, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J: Heard. The Appellants have been convicted under Sections 307/34 of the Indian Penal Code, 324/34 of the Indian Penal Code and sentenced to rigorous imprisonment for four years and two years respectively by a Judgment dated 6.6.1994 passed by the 1st Additional Sessions Judge, Patna, in Sessions Trial No. 393 of 1991. The case of the prosecution is that on 25.6.1990 when the Informant was sitting on his Baithka, the accused person suddenly came there and variously assaulted him, his son and daughter-in-law and others on account of an earlier dispute which was going on between them in the court. During trial, the prosecution examined eight witnesses out of whom PW-1, PWs-3, 4, 5 and 6 are injured 2 witnesses whereas PW-7 is a Doctor and PW-2 is formal in nature whereas PW-8 is the Investigating Officer. The defence of the Appellant was that they have been falsely implicated on account of the prosecution already having been convicted in a case instituted by the Appellants and also proved Exbt.-A which the Judgment of the said case. PW-7 has examined PW-6 and found only two incised injuries on his person even though he was assaulted thrice. Similarly, the Doctor found simple injuries on the person of PW-3 and a bruise on PW-1 and a swelling on PW-5 as also swelling and tenderness on PW-4. The Doctors evidently did not substantially corroborate the prosecution case. Moreover, from the evidence of these witnesses, I find that there are material contradictions and the manner of occurrence does not reveal that the intention of the Appellants was to cause the death of injured. In the result, the Appellants are acquitted of charge under Section 307/34 of the Indian Penal Code but convicted only under Section 323 of the Indian Penal Code and sentenced to a period already undergone. With this modification, the application is dismissed. Patna High Court, Patna. Dated, the 7th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)