GOVIND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though appellant along with four others were put on trial, while others were released after due admonition under Section 3 of the Probation to Offenders Act, 1958, appellant suffered conviction under Sections 326 and 148, of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for four years on the first count, no separate sentence having been awarded for the second count.

(2.) The salient features of the prosecution case which have been well-spelt out in the judgment of the Court below need not be stated in details. The prosecution alleged that as Chhote Mishra (PW 4) had stacked some bricks on the land, east to door of his house, for erection of a boundary wall, the appellant came, registered protest and abused him and asked him for removal of the bricks. As Chhote Mishra, did not oblige, it was alleged that on call given by the appellant, others joined him, who assaulted Chhote Mishra. The implicit accusations against the appellant was about dealting a knife blow on the testicles of Chhote Mishra, for which he suffered bleeding injuries. After fardbeyan of Chhote Mishra was recorded by Police Officer of Runnisaidpur Police Station, investigation commenced, in course of which the Investigating Officer recorded a statement of witnesses, visited the place of occurrence, secured injury report of Chhote Mishra, and on conclusion of the investigation laid charge-sheet before the Court, against all those, who were put on trial. When the trial commenced, while others were charged for offences punishable under Sections 307/149 and 147 of the Indian Penal Code, the appellant stood charged under Sections 307 and 148 of the Indian Penal Code.

(3.) The defence of the, appellant before the trial Court and also this Court had been the plea of innocence and he ascribed his false implication due to some pending dispute with Chhote Mishra. However, the trial. Court on consideration of evidences led at trial, while negativing contentions raised at bar on behalf of the appellant and others, released others on due admonitions under Section. 3 of the Probation of Offenders Act, 1958, recorded verdict of guilt against the appellant under Sections 326 and. 148 of the Indian Penal Code and sentenced him, in the manner stated above.