KARIMAN BHUIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Kariman Bhushan has preferred this appeal against the judgment and order of conviction and sentence dated 4.5.95 and 5.5.95 respectively passed in ST. No. 169 of 1993 of 1993 by the VIth. Additional Sessions Judge, Palamau at Daltonganj, whereby the accused-appellant has been convicted under Section 304, Part-II of and Section 323 of I.P.C. and sentenced to undergo rigorous imprisonment for six years under Section 304 Part-II, I.P.C. and to undergo rigorous imprisonment for six months under Section 323, I.P.C. The sentences are to run concurrently.

(2.) In short, the case of the prosecution is that on 2.12.1992, accused-appellant Kariman Bhushan was crushing sugar-cane in the Kolsar which is by the side of the house of the deceased and the informant. At about 10 p.m., the deceased Bipat Mochi, father of the informant Kail Mochi went to the Kolsar (Place for preparing Gur) and demanded the price for cock (murga) from the accused Kariman Bhuian had taken a cock from the deceased Bipat Mochi for which the price was due. Accused Kariman Bhushan started abusing the deceased to which he protested on which Kariman Bhushan assaulted the deceased on his head with Ghorthan which is used for stirring gur with intention to kill him, as a result of which the deceased Bipat Mochi sustained injuries on his head and he became unconscious. Jagpati Devi, sister-in-law of the informant went to save Bipat Mochi and accused Kariman Bhushan assaulted her also with Ghorthan causing injuries in her right hand. After assaulting the deceased Bipat Mochi and Jagpati Devi, the accused Kariman Bhuian fled to his house. The informant kept his father and sister-in-law at the house during the night and in the next morning, he took them to Panki Hospital for medical treatment, where his father was still unconscious and the fard-beyan of the informant Kail Mochi was recorded by S.I. Upendra Prasad, Officer Incharge of Panki P.S. on 3.12.1992 at 2.30 p.m. Fard-beyan is Ext. 1 on this case. On the basis of the fard-beyan formal F.I.R. (Ext.2) was drawn in this case under Sections 323/325/307 to the I.P.C. After three days of the occurrence Bipat Mochi died and Section 302, I.P.C. was added in this case. After investigation police submitted charge-sheet against accused Kariman Bhushan under Sections 323 and 302, I.P.C. The Chief Judicial Magistrate after taking cognizance of the case committed it to the Court of Sessions for trial.

(3.) The defence of the accused according to trend of cross-examination of the witnesses and the statement of the accused under Section 313, Cr.P.C. is that he has been falsely implicated in this case.