Criminal Appeal (SJ) No. 133 OF 1997 Against the judgment and order dated 19.04.1997 passed by Sri Someshwar Nath Pathak, District & Sessions Judge, Buxar in S.Tr. No. 129/91. ************ 1. Janardan Rai. 2. Tulsi Rai. 3. Godhan Rai. All sons of Kedar Rai. 4. Indrasan Rai. 5. Shyam Narain Rai. 6. Ram Narain Rai. All sons of Late Jai Nath Rai. All resident of Village-Nat, P.S.-Industrial Area Buxar, District-Bhojpur now Buxar. ……(Appellants) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellants : Mr. Tej Bahadur Roy, Adv. For the State : Ms. Anita Kumari Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellants have been convicted under Sections 380, 323 and 147 IPC and sentenced to RI for two years and one year respectively and no separate sentence has been passed under Section 147 IPC by the District & Sessions Judge, Buxar in S.Tr. No. 129/91 by a judgment dated 19.04.1997. 2. The case of the prosecution according to Sri Thakur Prasad is that on 16.03.1990 he and his uncle were in the kirana shop accused Janardan Rai came there and demanded 250 Gms. of mustard oil but they refused to pay the same. When the informant protested a little while later the accused persons came there and variously assaulted the informant, his uncle, his son and his brother and also committed theft of the articles kept in the shop. The appellants were charged for the offence under Section 307 IPC but acquitted of the charges and convicted as mentioned above. 2 3. To prove its case the prosecution examined eight witnesses out of whom P.W. 8 was a formal witness whereas P.W. 6 and P.W. 7 are the two Doctors who had examined Sadchand Prasad, Bhim Prasad and Kamta Prasad whereas P.W. 5 is the informant. P.W. 3 is another eye witness and P.W. 2 is the son of the informant and also an injured. P.W. 1 Kamta Prasad is another injured eye witness. The evidence of almost all the eye witnesses in substance is that on 17.03.1990 in the evening the accused persons came to the house of the informant and over a mustard oil the informant’s uncle and his brother were assaulted as also theft of articles was committed by the accused. The Doctors P.W. 6 and P.W. 7 further corroborated the prosecution case and found injuries on the persons of Sadchand Prasad, Bhim Prasad and Kamta Prasad, P.W. 5, P.W. 2 and P.W. 1 respectively. 4. Thus, in view of the cogent ocular and corroborative evidence of the witnesses adduced on behalf of the prosecution, I am not inclined to interfere with the conviction of the appellants. However, the period already undergone by them during trial shall be sufficient punishment in the interest of justice. 5. With the aforesaid modifications in sentence, the appeal is dismissed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 12th July, 2011. NAFR/Vikash/-