VIDYUT PRABHA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the State.

(2.) SAGAR Chaudhary, the appellant has been convicted under Sections 326 and 307 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years for offence under Section 307 I.P.C. and further sentenced to undergo rigorous imprisonment for seven years for offence under Section 326 of the Indian Penal Code. However, it has been ordered that both the sentences shall run concurrently.

(3.) LEARNED counsel for the appellant however, contends that prosecution has not been able to prove the charge with regard to the date and time of occurrence. He has also filed a complaint case and in the said complaint case he was filed a petition for calling the Station Diary dated 16. 10. 1984 from the Katihar and Injury Register dated 16. 10. 1984 from Katihar Sadar Hospital which was allowed on 03. 03. 1990, but the same was not received. Further contends that there is allegation of assault by farsa, but there is no mention that farsa was inflicted on the neck for which offence under Section 307 is not made out. It has further been contended that occurrence is of the year 1984 and more than twenty five years has elapsed and the appellant had face trial and appeal and hence lenient view may be taken.