RAM BALI BHUIYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 307 of the Indian Penal Code and eight years rigorous imprisonment by the Additional Sessions Judge-V, Aurangabad, in Sesions Trial No. 72 of 1996/23 of 1996 by a judgment dated 21.3.1997.

(2.) The case of the prosecution according to the Informant Ram Das Ravidas is that on 26.2.1996, the Appellant is said to have given a lathi blow on the person of Jainandan Ravidas on account of which he was grievously injured. Thereafter, he climbed on his chest with intention to commit his murder and pressed his chest on account of which he became unconscious, bleeding from his mouth.

(3.) During trial, the prosecution examined ten witnesses out of whom PW-1 has been declared hostile whereas PW-2 and PW-3 have only partly supported the case of the prosecution. PW-4 is a formal witness. PW-8 is the Informant and an eye witness. PW-5 is the Doctor who examined the injured whereas PW-7 is the injured himself and PW-6 is his brother. PW-9 is the Investigating Officer and PW-10 is the other formal witness.