RAM BILAS MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) .The sole appellant has been convicted under Sections 326 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and one year respectively. However, the sentences have been ordered to run concurrently.

(2.) The prosecution case, in short, is that on 25.2.89 at 7.30 p.m. appellant Ram Bilash Mahto called the injured Julmi Mahto who went to him. The informant stated that after sometime she heard hulla where upon she along with her husband ran and reached at the darwqja of the appellant where she found that her father-in-law, Julmi Mahto was lying in an injured condition. she continued to say in her fardbeyan that Singheshwar Kapar (PW 1) Lulahi Kapar (PW 2) and many others whose names she did not know, told her that Ram Bilash Mahto had assaulted Julmi Mahto on his neck with Tarchedi Hasua and that those persons did also tell her that the accused Ram Bilash Mahto had demanded from Julmi Mahto document relating to field but Julmi Mahto told to give the same tomorrow whereupon quarrel took place between them. The informant further stated that her husband had taken the injured to Samastipur hospital. On the basis of fardbeyan formal FIR (Ext. 1) was recorded at Ujiarpur PS and investigation started and after completion of the same charge-sheet under Sections 307 and 324 of the Indian Penal Code was submitted, cognizance of the offence was taken and the case was committed to the Court of Sessions for trial and the trial concluded with the result as indicated above. The appellant pleaded not guilty.

(3.) The prosecution in support of its case examined altogether 11 witnesses. PWs 2, 7, 8 and 11 are formal witnesses. PW 1 is Singheshwar Kapar. PW 3 is Lulhai Kapar, they claimed to be eye-witnesses of the case. PW 4 is Shankar Mahto, PW 5 is Julmi Mahto. the injured, PW 6 is Nilam Devi (informant), PW 9 is Dr. Ram Lawlin Pd. and PW 10 is Haidar Ali, I.O.