SANJAY SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Section 307 of the Indian Penal Code (hereinafter referred to as the IPC) and has been sentenced to undergo rigorous imprisonment for four years.

(2.) The prosecution case in short is that on 3rd October, 1988 at 7 p.m. when the informant was going to sleep at the house of his uncle, the appellant Sanjay Singh had concealed himself near the hand-pump of the informant. All of a sudden, the appellant came near the informant and started assaulting him with knife and uttered that he will be killed. The informant fell down and raised alarm, the witnesses Rajeshwar Prasad Singh, his uncle and Hari Krishna Singh arrived at the place of occurrence. It has been stated that the informant was taken to Koliwar Dispensary for his treatment and thereafter, his fardbeyan was recorded by S.I. Md. Alam of Koilwar Police Station. After completion of investigation, the charge-sheet was submitted against the appellant, cognizance was taken and the case was committed to the Court of Sessions and ultimately, the trial concluded with the result as stated above. The appellant has pleaded not guilty and has stated that he has been falsely implicated in this case due to enmity because they had clash over kite-flying.

(3.) The prosecution in support of his case examined all together five witnesses. PW 1 is Rajeshwar Prasad Singh, PW 2 is Hari Shankar Singh, PW 3 is Sunil Kumar Singh, PW 4 is Mansur Alam, the Officer-in-Charge and PW 5 is Dr. N.K. Thakur, who had examined the injured informant.