RAMJI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.8.2001 passed by Addl. Sessions Judge XI. Saran at Chapra, in Session trial No. 127/91. The appellant was convicted under Sections 304 and 325 IPC and was sentenced to undergo RI for 10 years and 7 years respectively, both sentences directed to run concurrently.

(2.) The prosecution case originated on the fardbeyan of the deceased, Agin Singh, alleging therein that on 3.3.1991 at about 11 a.m., he was preparing the bundles of 'LAAHI' (Mustard crops) harvested from his field. Suddenly, accused-appellant appeared there and assault d the informant on both of his arms as also on ring finger and on the leg and on the other parts of the body with 'LABDA'. The informant fell down from the impact of the assault and then the appellant aimed knife blow upon the stomach of the deceased and the latter while warding off this blow received an injury upon his left arm. Aforesaid occurrence was witnesses by Radha Mohan Singh and Bachcha Singh. The cause of occurrence as stated by the informant in his fardbeyan was that there was land dispute over the P.O. field.

(3.) The accused-appellant took up the defence of false implication on account of land dispute.