PRABHU MAHLI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of conviction and sentence dated 13.12.1993 passed by IVth Additional Judicial Commissioner, Ranchi, in Sessions trial No. 502/89 whereby and whereunder the sole appellant Prabhu Mahli has been convicted under Section 307 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of ten years.

(2.) The prosecution case, in short, is that on 12.11.1987 at 6 a.m. while the informant, namely, Mohan Baraik (PW 1) was returning back after attending nature's call, the appellant Prabhu Mahli and another accused Ramdhan Mahli, who were armed with sword and lathi respectively surrounded him and on the orders given by accused Ramdhan Mahli, the appellant is alleged to have assaulted Mohan Baraik with sword on his both hands, nose and head and accused Ramdhan Mahli also assaulted him with lathi on his back. The informant raised alarm whereupon his wife Meera Devi (PW 2) came, besides other witnesses and the accused-persons fled away on their arrival. Thereafter, the informant was removed to the hospital where hia fardbeyan (Ext. 1) was recorded by S.I. R.C. Sharma of Bariatu police station and a case under Sections 324/323, IPC was instituted against the appellant and one Ramdhan Mahli. Later on, Sections 307/326 of the Indian Penal Code was added. On completion of the Investigation, the police submitted chargesheet against the appellant and accused Ramdhan Mahli as also against one Srinath Mahto, who was made accused in the case during the course of investigation. All the three accused were, however, charged under Sections 307/34 of the Indian Penal Code to which they pleaded not guilty and claimed to be tried. The learned trial Court, however, acquitted the other two accused, namely, Ramdhan Mahli and Srinath Mahto on the same set of evidence but the appellant was convicted and sentenced in the manner stated above.

(3.) In order to prove the charges, the prosecution examined as many as six witnesses, out of which, PW 1 Mohan Baraik is the informant himself, PW 2 Meera Devi is his wife, PW 3 Tara Oraon is the independent witness but he turned hostile in the course of trial and did not support the prosecution version. PW 4 Lochan Ram is the witness, who reached the place of occurrence on hulk and he admitted in his evidence that he had not seen the actual assault but he saw the informant in injured condition. PW 5 William Minz is a formal witness, who has proved the fardbeyan (Ext. 1) and the formal FIR (Ext. 3). PW 6 Jagdish Bhagat is another formal witness, who proved the injury report (Ext. 4) granted by Dr. Izhar Nawar of RMCH, Ranchi. The doctor and the I.O. of the case have not been examined by the prosecution nor any satisfactory explanation has been given for their non-examination. The case of the prosecution, therefore, depends on the testimony of the informant (PW 1) and his wife Meera Devi (PW 2) and I will discuss their evidence hereinafter.