CRIMINAL APPEAL NO. 59 OF 1994 ******** Against the order of conviction dated 26.2.1994 passed in Sessions Trial No. 36/1990./5/1987 by the Ist Additional District and Sessions Judge, Nawadah ****** DEVENDRA BELDAR S/O DEV NATH CHAUHAN R/O VILLAGE- LAHARA, P.S.- NAWADA, DISTRICT- NAWADA ……..….. Appellant Versus THE STATE OF BIHAR …..………. Respondent ************ For the Appellant : Praveen Kumar Adv. For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellant has been convicted under Sections 379 and 307 Indian Penal Code and sentence to 3 years and 7 years rigorous imprisonment respectively by the Ist Additional District and Sessions Judge in Sessions Trial No. 36/1990/5/1987 by the judgment dated 26.2.1994. 2. The prosecution case is that on 29.8.1986 when the informant and his daughter-in-law were proceeding, the petitioner is said to have assaulted the daughter-in-law and snatched her jewellery. 3. During investigation the prosecution examine 13 witnesses out of whom P.W. 2, P.W.4, P.W.7 and P.W.11 was tendered witnesses, whereas P.W.6, P.W.8 and P.W.9 are the material witnesses, P.W.1, P.W.3, P.W. 5 and P.W.10 are said to have arrived after the occurrence, P.W.12 is the doctor and P.W.13 is the Investigating Officer. 4. On going through the evidence of the witnesses, it appears P.W. 12 had found as many as 12 injuries having been sustained by the injured but all of them were simple in nature. It is not explainable as to why so many injuries would be caused to the person only for the purposes of committing theft. The defence had suggested that in fact the informant himself had assaulted the injured and when the appellant came to save her he was implicated in the present case. However, considering the evidence of the material witnesses who consistently supported the prosecution case, I am not inclined to interfere in the conviction of the appellant. 5. However, since on facts it does not appear that the assault was for purposes of causing death it would be in the interest of justice that the conviction under Section 307 I.P.C. is converted to one 323 I.P.C. and appellants are sentenced to a period already undergone. 6. With these observations, the appeal is dismissed with the aforesaid modification. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.