BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 307/34 of the Indian Penal Code and sentenced to rigorous imprisonment for five years by the Additional Sessions Judge-I, Barh, in Sessions Trial No. 751 of 1987 by a Judgment dated 30.1.1997.

(2.) The case of the prosecution according to one Baiju Singh is that on 13.8.1983 at 6.00 P.M. when his employer and the injured learnt that his truck had been detained by the accused person, they proceeded along with one Kaileshwar Singh who has been examined as PW-1 and found that the truck had been detained. When attempt was made to go near the truck, the accused persons variously armed assaulted the said Sarju Singh on account of which he was seriously injured.

(3.) During trial, two accused persons died as also the Informant passed away, and, therefore, he was not examined on behalf of the prosecution. PW-1, Kaleshwar Singh, happens to be the Patna High Court CR. APP (SJ) No.30 of 1997 dt.11-07-2011 2 "Samdhi" of the injured who gave an eye witness account as to how when he went to the place of occurrence to get custody of their truck, the accused persons assaulted the injured, on account of which he sustained serious injuries. PW-2 is the injured who stated that at 13.8.1983, when he went to the place of occurrence to bring back his truck, he found that sand was being unloaded by the Appellant from the said truck and while he was making the enquiry from the labourers, the accused persons came there, variously armed, and assaulted him. PW-3 is the Doctor who examined the injured and found as many as eight injuries on his persons most of which were on vital parts. From the evidence of the injured, I find that he conceded that he was examined by the Police after eight days of the occurrence and in the absence of the Investigating Officer, the reason has remained unexplained.