Criminal Appeal (SJ) No. 74 OF 1996 Against the judgment and order dated 29.02.1996/01.03.1996 passed by Sri R.Tiwary, 3rd Additional Sessions Judge, Madhubani in S.Tr. No. 61 of 1985. ************ Lalit Rai, S/o Shibjee Rai, resident of Village- Kamalpur, Mauje Dahibat Mdhopur, P.S.-Pandaul, District-Madhubani. ……(Appellant) Versus 1. THE STATE OF BIHAR. 2. Chalitra Rai, S/o Rameshwar Rai, resident of Village-Kamalpur, Mauje Dahibat Madhopur, P.S.-Pandaul, Dist.-Madhubani. -------(Respondents) ************* For the Appellant : Mr. Ravindra Kanth, Adv. : Mr. Sanjay Kumar, Adv. For the State : Mr. Ramesh Chandra, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 307 IPC and sentenced to RI for five years by the 3rd Additional Sessions Judge, Madhubani in S.Tr. No. 61 of 1985 by a judgment and order dated 29.02.1996/01.03.1996. 2. The case of the prosecution according to the informant, P.W. 3 is that when he was returning to his house on 01.01.1985 the appellant accosted him and asked as to why he had been implicated in a false case. When the informant protested he was assaulted by the appellant with a gandasa which caused incised injuries on his head. 2 3. During trial the prosecution examined four witnesses out of whom P.W. 1 is a formal witness who has proved the First Information Report whereas P.W. 2 is an eye witness who corroborated the occurrence. P.W. 3 is the informant. P.W. 4 is the Doctor who examined the injured and found simple injury on the head of the informant. In his opinion the injury could not be fatal and it could be a manufactured. 4. On going through the evidence of P.W. 2 and P.W. 3, I find that the manner in which the occurrence took place leaves no doubt that the assault was not intended to cause death of the informant. In the result, the conviction of the appellant under Section 307 IPC is converted to one under Section 323 IPC and sentence is modified to a period already undergone by him during trial. 5. With the aforesaid modifications in conviction and sentence, the appeal is dismissed. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 28th June, 2011. NAFR/Vikash/-