ABDUL LATIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant has been convicted under Section 326 of the Indian Penal Code and sentenced to R.I for five years by a judgment dated 19.8.1994 by 2nd Additional Sessions Judge, Katihar in Sessions Trial No. 4 of 1993.

(2.) THE case of the prosecution is that on 24.6.1992 on account of a theft with regard to fishes from his pond a vigilance was kept there and when appellant attempted to commit theft, he was chased and caught but to extricate himself caused knife blow on the back of the informant. The police after investigation submitted charge sheet under Section 307 of the Indian Penal Code and appellant was also charged under the same offence along with a co -accused but he was acquitted of the charges whereas the appellant was convicted as mentioned above.

(3.) THE prosecution to prove its case examined 9 witnesses out of whom P.W. 8 is the Doctor and P.W. 9 is the Investigating Officer and P.W. 3, 4 and 5 are tendered whereas P.W. 6 and 7 are formal witnesses P.W. 2 is the informant and P.W. 1 is not an eye witnesses of the actual assault.