BHAGWAT PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 326 and 148 Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and two years respectively and a fine of rupees two thousand in default of which further imprisonment for three months by the 3rd Additional Sessions Judge, Begusarai, in Sessions Case No. 17 of 1982 by judgment dated 14th May, 1997.

(2.) The case of the prosecution according to PW 3 Umesh Yadav is that on 10.05.1978, the informant Umesh Yadav had gone to Pachbir Market for purchase of certain articles and was returning along with PW 1 (Ramji Sah) and Bipat Paswan (now dead) and when they reached in front of Jolaha Tola some 9-10 persons variously armed suddenly came there and assaulted the informant. The Appellant Bhagwat Paswan is said to have assaulted him on his head, whereas, one Natho Paswan is said to have given a dagger blow on the temporal region. Rest of the two accused are supposed to have given Bhala blow on account of which he fell down. It is said that Bhusan Paswan also committed theft of his money. It is said that the reasons for the occurrence was that a civil litigation was going on between the informant (PW 3) and his Gotia Bano Yadav in which assault took place in 1971 and, therefore, this occurrence took place.

(3.) During trial, the prosecution examined five witnesses, out of whom, PW 5 Abu Baqar Hussaini is a formal witness and has proved the First Information Report as Ext.5. PW 4 Md. Abdul Quddus is the Compounder of Dr. Raj Kishore Singh and proved the injury report given by the Doctor as Ext.3 in absence of the Doctor, who died in the meanwhile. PW 1 Ramji Sah, PW 2 Kamli Paswan, PW 3 Umesh Yadav, the informant are the three eye witnesses to the occurrence.