B PANDI Vs. STATE

JUDGEMENT

(1.) BY this appeal the judgment and sentence of conviction passed by the learned Sessions Judge, Port Blair has been assailed by the appellant. The appellant has been convicted under Section 307 of I. P. C. and as such he has been sentenced to suffer rigorous imprisonment for seven years subject to setting off the period of detention if any undergone by him during trial and has been awarded to pay fine of Rs. 15. 000/-, in default, suffer rigorous imprisonment for two years. The appellant was arraigned with the charges under Section 307 on the fact which is shortly put hereunder.

(2.) ONE Promod Ram, PW-2 lodged a complaint (Fardbayan) with the officer incharge, Pahargaon Police Station to the effect that on 17th March, 2000 in the afternoon, he along with his cousin brother (Pyare Lall, victim 2 pw 1) and his son (Pyare Lall) had gone to the field to graze their cattle. While they were returning at about 5 pm on 17th of March, 2000 from the grazing field which comprises of jungle garden and greenery land they reached near a bridge nullah (ditch) and the gate of Deputy Superintendent of Police of Fire brigade, the accused/appellant wearing white check shirt and pant approached there and he drew near PW1 and detained him at the road side carrying a Dah (a sharp metal weapon ). The accused/appellant then told PW1 that he would not allow him to remain alive as he (Pyare Lall) was frequently Informing the police that he has been running business of illicit liquor and as a result he is being arrested and taken into custody of the Police. He would not spare him this time, and he would kill him as retaliatory measure. Immediate after these words he brought out the said weapon which was kept hidden inside his shirt and then he started inflicting blows on the back of head of Pyare Lall and other parts of his body and then fled towards Basti. Thereafter the informant with the help of the police could shift injured Pyare Lall to Primary Health Centre at garacharma. However, he could not be treated properly there as such he was shifted to better place viz. G. B. Pant Hospital at Port Blair. At this hospital he was admitted for treatment on 17th March, 2000 and was discharged on 31st march, 2000 after having recovered from illness.

(3.) ON receipt of aforesaid complaint, formal FIR was drawn up, investigation was started followed by arrest of the accused after collecting all material evidences and having examined the witnesses under Section 161 of the Cr. P. C the charge sheet was submitted. The learned Sessions Judge after case being committed has framed charge under Section 307 of I. P. C. On pleading "not guilty" to the said charges, learned Sessions Judge started trial.