CHANDRADEO PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years by the Additional Sessions Judge, Hilsa, in Sessions Trial No. 57 of 1982 by a judgment dated 23.12.1996.

(2.) The Case of the prosecution according to the Informant Indradeo Prasad is that on 14.6.1979 the Appellant who was his cousin called for a Panchayat since he had not paid a sum of Rs. 300/- to the Informant which had been ordered in an earlier Panchayati. In the said Panchayati, the Appellant again refused to make payment of the said amount and instead assaulted him with a Pasuli on account of which he sustained grievous injury.

(3.) During trial, the prosecution examined ten witnesses out of whom PW-9 is the Doctor whereas PW-10 is the Investigating Officer. PW-8 is the formal witness and PW-3 has been tendered. PW-6 is a hostile witness. Out of the rest of the witnesses, PW-1 is the Informant Patna High Court CR. APP (SJ) No.25 of 1997 dt.11-07-2011 2 whereas PW-4, PW-5 and PW-7 are the witnesses on the point of occurrence.