CHHATAR BHUMIJ Vs. STATE

JUDGEMENT

(1.) THE sole appellant (hereinafter referred to as the 'accused') has been convicted by the trial Court Under Section 307 of the Indian Penal Code, 1860 (in short, 'I.P.C') and sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) PROSECUTION case, in short, is that on 26.3.1995 at about 4 a.m. the accused assaulted the inforrnant, -P.W.1's father (Pahadi Bhumij) examined as P.W. 5, his sister Mani Bhumij (P.W. 6) and motherjateswari Bhumij (P.W.9) with tangi while they were sleeping on the yarandah of the house. On hearing hullah, the neighbours arrived and found that the aforesaid persons were injured and lying on the ground in an unconscious condition with bleeding injuries. Thereafter the neighbours rushed to give, information to the inforrnant, who upon receipt of information came to the place of occurrence and found that the aforesaid three members of the family were lying on ground with bleeding injuries. The said three injured persons narrated the incident to the informant, and named the accused to be their assailant. Thereupon first information report was lodged at the police station. The police after registering case took up investigation, and after completion of the same submitted charge -sheet against the accused. The learned Magistrate took cognizance and committed the accused to Court of Session to face trial.

(3.) IN support of its case prosecution examined eleven witnesses out of whom P.W. 1 is the informant himself. P.W. 5 is the father of informant, P.W. 6 is the sister and P.W. 9 is the mother, all of whom claimed to be injured eye -witnesses, P.Ws. 2, 3 and 8 claimed to have arrived the place of occurrence on hearing hullah raised by the injured persons, who narrated the incident to them, and named the accused to be the assailant. P.Ws. 4 and 7 are, seizure witnesses P.W. 10 is the Investigating Officer of the case, whereas P.W. 11 is the Doctor who examined aforesaid three injured persons. The trial Court after taking into consideration the entire evidence has convicted and sentenced the accused as indicated above. Hence this appeal.