FHATEEK Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appellant u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 01.10.1996 passed by III Addl. Sessions Judge, Naintial in S.T. No. 307 of 1992, State Vs. Fhateek, whereby the learned Addl. Sessions Judge has convicted the appellant/accused under Section 326 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to 3 1/2 years R.I. with fine of Rs. 1,000/ - and in default of payment of fine, six months further imprisonment was awarded.

(2.) I have heard learned counsel for the parties and perused the entire material available on record.

(3.) IN brief, the facts of the case of the prosecution is that P.W.1 Vishwa Nath Bairagi lodged an FIR at Police Chowki, Shaktifarm, P.S. Sitarganj with the averments that buffalo of appellant/accused Fhateek had entered near the animals of son of complainant namely Jagdish Bairagi. On this, son of complainant went and tied the buffalo of the appellant at his house. On this topic, earlier also some altercation also took place. On being annoyed due to this reason, appellant/accused Fhateek came on 7.11.1992 at about 4 p.m. in the evening being armed with a Patal and with that Patal, he caused injuries to Jagdish Bairagi (P.W.2) which hit on the left side of his neck as a result of which blood started oozing out. On hearing the noise, the complainant along with his daughter in law, Shanker (P.W.5) and other people reached on the place of occurrence who also witnessed the incident. Then the complainant took his son at Government Hospital from where he was referred to Kiccha Hospital. With the same averments, the report was lodged by P.W.1 Vishwanath Bairagi after getting it scribed by Anil Kumar Sarkar on 8.11.1992 at 8.45 AM at Police Chowki Shaktifarm, P.S. Sitarganj, i.e. Ex.Ka -1. On the basis of this FIR, H.M. Ramesh Chand prepared the Chick FIR, i.e. Ex.Ka -3. The entry was also made in the G.D., the carbon copy of which is Ex.Ka -4. The investigation of this case was entrusted to S.I. Kamrul Haq (P.W.3). Injured Jagdish Bairagi (P.W.2) was medically been examined on 7.11.1992 at 8:40 P.M. by P.W.4 Dr. R. Singh and his medical report Ex.Ka -8 was prepared. The I.O. also took in his possession the blood stained clothes of the injured Jagdish Bairagi and prepared the Fard, i.e. Ex.Ka -2. The I.O. also inspected the place of occurrence and prepared the site plan, i.e. Ex.Ka -5. The I.O. also took in his possession the Patal (which was used in the aforesaid crime) and prepared Fard, i.e. Ex.Ka -6. During the course of investigation, the I.O. recorded the statements of witnesses and after completing the investigation, filed the charge sheet, i.e. Ex. Ka -7.