(1.) THIS appeal is directed against the order of conviction and sentence passed by 3rd Additional Sessions Judge, Muzafffarpur in Session Trial No. 174/89. The sole appellant was convicted under Sections 363 and 323 IPC and sentenced to undergo R.I. for 3 years and one year respectively. The sentences were directed to run concurrently.
(2.) THE prosecution case, according to the FIR, was that the appellant had some family feud with the informant and on account of that, he picked up his son from the school and dragged him after typing gamcha around his neck and be brought him to the road and attempted to throw his under some speeding vehicle, but the witnesses gathered and saved the boy. Subsequently, the informant was intimated, he came there and filed the case.
(3.) THE prosecution examined in all ten witnesses. PW 10 was the Doctor who examined the victim on 19.2.1988 and the alleged occurrence took place on the same day at 1.30 p.m. Doctor found bleeding from the nose. He also found multiple contusions and abrasions on various parts of the body. Injuries were caused by hard and blunt substance and all were simple in nature. PW-9 was the Investigating Officer who visited the place of occurrence and examined the witnesses and submitted charge-sheet. PW-8 was a formal witness who brought on record fardbeyan (exhibit 2). PW-7 was the informant himself. He went to the place of occurrence and found his son lying in injured; bleeding from his mouth and nose and he carried his son to the hospital. PWs. 1 to 6 are other witnesses who had seen the appellant dragging the victim from the school gate and he had attempted to throw the boy under a speeding vehicle.