Criminal Appeal (SJ) No.157 OF 1995 (Appeal against the Judgment and Order dated 27.7.1995 passed by the Sessions Judge, Gopalganj, in Sessions Trial No. 165 of 1991) AKSHAIBAR PARBAT SON OF SHEODENI PARVAT, RESIDENT OF VILLAGE LACHHABAR, P.S. THAWE, DISTT. GOPALGANJ ------- APPELLANT. Versus THE STATE OF BIHAR -------------RESPONDENT For the Appellant : Mr. Radha Mohan Pathak, Adv. Mr. Ashutosh Tripathi, Adv. For the State : Mr. Binod Bihari Singh, Adv. ---------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years by a Judgment dated 27.7.1995 passed by Sessions Judge, Gopalganj, in Sessions Trial No. 165 of 1991. The case of the prosecution is that on 14.1.1991 at about 6.30 P.M. when the Informant had gone to see his fields, he saw the accused persons uprooted his crop and when he protested the Appellant is said to have given a Bhala blow on the chest and thumb. The prosecution in all examined four witnesses out of whom PW-1 and PW-2 have been declared hostile. PW-4 is the Doctor who examined the Informant and in his opinion, both 2 the injuries were simple in nature. PW-3 is the Informant himself. From the narrative given by PW-3, the Informant it can safely be concluded that the injury inflicted by the Appellant was certainly not to intend his death and, therefore, it is difficult to sustain his conviction under Section 307 of the Indian Penal Code. However, since corresponding injury was found by PW-4 on the person of PW-3, I am inclined to hold him guilty under Section 323 of the Indian Penal Code. In the result, the Appeal is dismissed with modification in conviction as aforesaid and sentence to the period already undergone by him during trial under Section 323 of the Indian Penal Code. The Appeal is dismissed with modification aforesaid. Patna High Court, Patna Dated, the 19th April, 2011 NAFR/S.ALI ( Anjana Prakash, J.)