SUBH NARAYAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole appellant has been convicted under section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case in short is that on 4.7.77 the appellant came to the shop of the informant Raj Kishore Singh who was Manager of the Khadi Bhanda, at Amnour Bazar. The appellant has earlier made purchase of cloth on credit worth Rs. 100/ -. The informant demanded money. It has been alleged that the appellant told him that the payment would be made at his house, if he would come to his house. The informant closed the Khadi Bhandar at 6.30 P.M. and left for his house. He went to the house of the appellant where he met Kariman, nephew of the appellant. Thereafter he met the appellant and he demanded the money but the appellant did not make payment. It has been further alleged that the appellant took him to the orchard where Kariman was already present there and he inflicted two blows on his shoulder and left hand with Phasuli. The appellant also aimed Phasuli on him which caused injury on his right hand. One Deo Nath Ram who whipped out a dagger and wanted to inflict injury on him. The informant raised alarm, witnesses came there and the accused persons fled away. The informant injured was taken to Amnaur Hospital where he was admitted and was treated by the doctor. The statement of the informant injured was recorded at Amnaur Hospital on 5.7.77 and on the basis of his statement first information report was registered. After completion of investigation charge sheet was submitted. Accordingly, cognizance was taken and the case was committed to the court of sessions. Finally the trial concluded with the result as indicated above. The appellant pleaded not guilty.

(3.) P .W. 5, the informant has fully supported the case of the prosecution as stated in his Fardbeyan. According to him the appellant was known to him from before and used to purchase clothes from his Khadi Bhandar were he was Manager. The appellant had purchased clothes on credit worth Rs. 100/ -. on 4.7.77. He came to his shop and he asked for money which he had taken from him. The appellant replied that you come to my house and then the payment will be made. Accordingly he went to the house of the appellant from where he was taken to an orchard and was assaulted by the appellant and his nephew. He raised alarm, villagers came and he was taken to Amnaur State Dispensary where he was treated and his statement was recorded by the Police. The other witnesses P.Ws. 2, 3 and 4 have also supported and corroborated the version of the informant, P. W. 1 who has been declared hostile, has supported the factum of occurrence. Though the doctor who had treated the informant was not examined but the injury report has been exhibited (marked Ext. 3) and acc ing to the injury report the injured informant had sustained four injuries on his person. According to Ext. 3, except injury no. 4 all the injuries were grievous in nature and injury no. 1 was also dangerous to life.